Land Registration Act Restrictive Covenant

**craig1** · 30 October 2013, 12:08

Is it more than than 10 years old and has the council fully adopted all the non-private land, roads and pavements around the place? If so, why not write a letter to Redrow asking them if they still have any interest in enforcing the restrictive covenant. After 10 years, they've usually no interest in the property as everything from the NHBC warranty to the roads have either expired or are none of their business any longer. Even if it's shorter than this, they may just say they've no interest any longer.

Our current place had a restrictive covenant on satellite dishes being put on the property when we moved in in 2004, a quick letter from, strangely enough, Redrow confirmed that they had no intention of enforcing the covenant and had no interest left in the land or property. That was more than enough to legally cover me.

You could either get your conveyancer/lawyer to do it for you at a fee or do it yourself. Be aware though, it must be in writing or it's not valid as all legal issues to do with land must be in writing.

**northernladuk** · 30 October 2013, 12:08

I wouldn't worry about that. They are talking production/manufacture and mass offices. A bit of working from home isn't classed as business or trade. It's still a private dwelling with an office desk in it.

Nearly anything rented will have this in the tenancy agreement and the I believe some residential mortgages have similar clauses in it. If we all followed it to the letter we would all be screwed. Teachers couldn't mark at home, permies couldn't WFH and so on which is ridiculous.

I would be more worried about whether or not the garage they supply can actually fit a car in it and what to do about boarding the loft to store stuff in which would invalidate your warranty or whatever it is called when you buy a new house.

EDIT : I assumed the fact it is Redrow and you say new house I have assumed new build... Might have that wrong.

**BillHicksRIP** · 30 October 2013, 12:16

Thanks for the replies. The house was built in 1996. There is the additional clause about the Sky dishes in there too. Might have a scope around the estate to see if I can see other dishes but hopefully, due to the age, Redrow don't care anymore.

**Bellona** · 30 October 2013, 12:20

Hi,
I operate within a similar framework.

The covenants are really there to avoid business use causing a nuisance (e.g. operating a car repair business from a garage and making lots of noise and smells, and having lots of cars parked outside etc,) in essence devaluing the property and those around it.

They are really only likely to be enforced if someone complains.

My solicitor advised me not to worry about the covenant; indemnity insurance is an option, but would not be useful as it only covers possible breaches.

As, like you, I just do my business admin from my trading address, I am causing no "nuisance" or devaluing the property in anyway: no different really to anyone doing their "home admin" from a study. So I am not unduly concerned.

Where it is established that a covenant binds a landowner and the covenant has been breached, the Courts can award one of two remedies. They can either order an injunction to prevent the breach from continuing or they can award damages to the injured party.

The likelihood of me causing any disturbance likely to warrant a claim for damages is practically non existent.

So the shorter answer is you could get your solicitor to ask for a deed of variation to run a home office from the property or just carry on regardless: ask yourself "why would anyone be bothered ?"

Good luck with your house move

**northernladuk** · 30 October 2013, 12:22

Originally posted by BillHicksRIP View Post

Thanks for the replies. The house was built in 1996. There is the additional clause about the Sky dishes in there too. Might have a scope around the estate to see if I can see other dishes but hopefully, due to the age, Redrow don't care anymore.

I am sure there are many more. Mine said no bins out, no dishes, no visible washing line at the front and all sorts of crap and some busy body somewhere can cause a fuss and complain to the estate management company who will have to mediate.

Sky dishes are common place and not such a problem. It's people leaving bins in road and stuff which starts to affect the quality of life for other owners.

It's ok saying Redrow don't care about dishes but just hope they do care about other aspects.

**NickNick** · 30 October 2013, 12:42

Mine says that I can't get a glass extension / large greenhose or run a tannery. I get the latter, but the former confuses me somewhat.

**northernladuk** · 30 October 2013, 13:02

Originally posted by NickNick View Post

Mine says that I can't get a glass extension / large greenhose or run a tannery. I get the latter, but the former confuses me somewhat.

You mean you are confused why you can't get a glasshose? Me too!

**DirtyDog** · 30 October 2013, 13:16

Originally posted by northernladuk View Post

You mean you are confused why you can't get a glasshose? Me too!

It probably depends on who owned the land before, and what you might do in competition.

My in-laws aren't allowed to keep any livestock in the garden, or brew alcohol on the premises because it used to be owned by a brewery and farming company.

I'm not allowed to run a "house of ill-repute" (or some similar wording) from here, because the land was originally owned by a puritan family who didn't want such things taking place.

**northernladuk** · 30 October 2013, 13:26

Originally posted by DirtyDog View Post

It probably depends on who owned the land before, and what you might do in competition.

My in-laws aren't allowed to keep any livestock in the garden, or brew alcohol on the premises because it used to be owned by a brewery and farming company.

I'm not allowed to run a "house of ill-repute" (or some similar wording) from here, because the land was originally owned by a puritan family who didn't want such things taking place.

Maybe I should have put glasshose ....

Land Registration Act Restrictive Covenant