restrictive covenants

[rabbitygirl]

We are buying 1960s estate bungalow. Solicitor has now sent contract and papers. There are covenants from builder and also unknown ones from the 1920s. LR search does not show earlier ones. Solicitor says covenants are more than she'd expect from house of this age and type. Usual stuff on no changes to exterior, (ignored by our owner and other houses) no fences etc but also no moving internal walls and no extensions. (We want to do these) She is getting Indemn Insurance for earlier ones but now v nervous on signing. Have you experience of this situation? Is onus on builder (existing? cant trace) to enforce or can I ignore? Cost/ability/ how to remove? Price reduction of bunglw? Would YOU go ahead?? Thanks

[jake-the-peg]

The first house that we bought was from the 30s and there were covenants with the builder who had gone out of business years previously.

The issue is whether the benefit of the covenant has passed to the person trying to enforce it see here:

http://www.rics.org/Management/Disputeavoidanc emanagementandresolution/Disputemanagementandr esolution/ledwards001.html

We had no problems nor knew of anybody having any but then we weren't trying to redevelop it or anything like that.

Moving of internal walls is not likely to be objected to but if you start to build an extension someone on the estate might claim that benefit of the covenant had passed to them as a group.

I would suggest you look to see if anyone else of the estate already has an extension. There's nothing to stop you knocking on their door and asking them if they had any issues.

[rabbitygirl]

thanks jake-the-peg. Am reassured by my solicitor that covenants v rarely cause problems but take on board your reply for future ref as we are exchanging today - with confidence. Rabbitygirl

[wowzy2001]

NO DON'T DO IT!!! The builders who set up the covenants aren't usually interested in any covenants unless they still have an interest in the land around you. So they usually won't enforce you yo do anything as it costs them. BUT it also means that as they are not worth the paper they are written on, then your neighbours can ignore them too, which may cause concern if they store caravans, run businesses from home etc.. and then nobody will help you enforce them. Beware.

[rabbitygirl]

Well. E mail says I have an answer and I haven't asked anything for weeks. Hello wowzy2001. You are too late. I bought the bungalow and currently have the builders in prior to my move next week. You are right to an extent but we all have to put up with neighbours doing their own thing. My plot is lower than my next road neighbour who I think runs a Chinese laundry. Her washing is propped up so high that its several feet above my 6 foot fence. This breaks a covenant stating no washing hoisted above 8 feet!!! I think I'm on my own here so will move my shed and erect on a thicker base to hide the view.

Incidentally the second home I bought to reno and resell is Victorian, has only one restriction as opposed to the 60's bungalow with several.

My restriction?? I'm not allowed to boil tripe!! Darn it!!!