Quizzes & Puzzles1 min ago
Clause in Land Certificate
I have just looked at my Land Certificate and it says the house must be used as a private dwelling house for occupation by one single family.
The close contains 15 houses all 4 and 5 bedroom detached and 8 of them are occupied by widowers / widows who live on their own but they had a family when they moved in.
Can they be forced to leave?.
I presume the council will know as they will be claiming single occupation council tax discount.
The close contains 15 houses all 4 and 5 bedroom detached and 8 of them are occupied by widowers / widows who live on their own but they had a family when they moved in.
Can they be forced to leave?.
I presume the council will know as they will be claiming single occupation council tax discount.
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I have been having a clear out since I wrote this and I came across a copy land certificate for my previous house and it has the same clause on the land certificate so this clause may apply to a lot of houses in the country.
Another thought I have had there are 2 ladies living in the same bungalow in the next street for 10 years plus. I thought they were sisters for a long time but I found out a few years ago this was not the case so they are not a single family. As the bungalow was built at the same time as our house by the same builder I presume it will have the same clause
I think it would cause a lot of problems if these clauses were enforced and I think a review is needed to reflect today's society.
Another thought I have had there are 2 ladies living in the same bungalow in the next street for 10 years plus. I thought they were sisters for a long time but I found out a few years ago this was not the case so they are not a single family. As the bungalow was built at the same time as our house by the same builder I presume it will have the same clause
I think it would cause a lot of problems if these clauses were enforced and I think a review is needed to reflect today's society.
Hi Hastler
I would not worry.
In addition to the single family clause there is a clause on my land certificate saying my window frames have to be painted every 4 years.
Everybody in our road has UPVC window frames and I can not think of any house on the estate which has wooden frames but factor30 may prove me wrong.
There is also a clause giving my neighbours the right to have a telephone wire running over my land and all the telephone wires are now underground in our road.
I would doubt if any court would enforce these clauses.
Mark
I would not worry.
In addition to the single family clause there is a clause on my land certificate saying my window frames have to be painted every 4 years.
Everybody in our road has UPVC window frames and I can not think of any house on the estate which has wooden frames but factor30 may prove me wrong.
There is also a clause giving my neighbours the right to have a telephone wire running over my land and all the telephone wires are now underground in our road.
I would doubt if any court would enforce these clauses.
Mark
a single family dwelling house is now a planning term meaning that the house is one property, not lots of flats or a HMO. The covenant you refer to has the same intention and is only enforceable by the party in whose favour it was first imposed. It does not prevent a single person living in the house alone.
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