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Author Topic: Building a house in your garden and covenants  (Read 826 times)

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Phil B

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Building a house in your garden and covenants
« on: 15 August 2008, 13:03:31 »
Hey all

Does anyone have any experience with restrictive covenants?
I want to buy the house I've been renting, it's a corner plot with a large plot of land to the side of it, that has been fenced off from the property for ages.
If I buy the house, I could sell off the side plot to a builder, as a house or two there wouldn't make any difference to the main plot and a guy that draws up plans for a living reckons it's worth quite a few bob with no issues getting planning permission.
Problem is, the original developer stuck a restrictive covenant on the side plot when he sold it to my current landlady, saying no permanent or temp building.

I've scoured the net for days so am clued up as much as I can be without the advice of a solicitor or someone who has been through this before. My sister is popping into the solicitors today to check the wording of the covenant, and I've learnt that the Lands Tribunal would favour removing the covenant if we applied for it to, just wondereing if anyone knows any more or has had experience of this??

Sorry for boring you to death if you don't know what I'm on about!

Cheers
Phil
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HolyCount

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Re: Building a house in your garden and covenants
« Reply #1 on: 15 August 2008, 17:58:07 »
As far as I know the restrictive covenant can only be enforced while there is someone living who can benefit from or enforce it --- if no-one comes forward the Lands Tribunal will probably remove it from your deeds ------ however -- it might be there as a planning restriction placed upon the developer when he got PP for the site in the first place, so that might need checking at you local council.
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Mr Skrunts

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Re: Building a house in your garden and covenants
« Reply #2 on: 15 August 2008, 17:59:15 »
Covenants are something I would book in to see a Solicitor about.  Get advice, money well spent, and get his findings put in writing.

If you feel you can go ahead and there are any objections in any way shape or form you then forward them to the guy who gave the advice.

£100 spend now could make or break you by 10's of £1000's  :y
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Phil B

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Re: Building a house in your garden and covenants
« Reply #3 on: 15 August 2008, 19:15:24 »
Cheers guys, just an update:

The developer persuaded my current landlady to buy the plot when he finished building the estate, and had the covenant written in at that time to keep it as part of the garden.

HC I found the same, the developer is alive but would have to prove he benefits from it which he may have done when selling new houses from the estate but it was finished and all sold off years ago, so I don't think he could claim any benefit?

The solicitor said A: we have to approach him, and he will ask for compensation (he is known as a stern man), or B: ask the land tribunal to remove the covenant, which could take time and money. So there be me choices!

Well just to add a twist, I found out today the developer is my Auntie's uncle!!!! I'm meeting my cousin tonight to see if we can do anything through the family, but he is a right b*****d apparently!

Thanks for taking interest I appreciate anyone's input, you lot are the most supportive bunch I've met.

Phil
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Kevin Wood

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Re: Building a house in your garden and covenants
« Reply #4 on: 15 August 2008, 19:32:17 »
This is interesting.... I'm guessing the developer of my house (10 years on, company now taken over anyway) isn't benefitting by the covenant that in theory stops me putting up antennae.

Kevin
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HolyCount

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Re: Building a house in your garden and covenants
« Reply #5 on: 15 August 2008, 19:55:13 »
Quote
This is interesting.... I'm guessing the developer of my house (10 years on, company now taken over anyway) isn't benefitting by the covenant that in theory stops me putting up antennae.

Kevin


Again -- could be an earlier planning restriction being passed down through covenants
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