Restrictive Covenants on property

[shaunbhoy]

Anyone had any serious dealings with these? Are they really enforceable? If you thought they had been breached, who would it be best to contact?

[NotAllThere]

I wanted to keep pigs, but couldn't because of such a convenant.

It's civil law, and they're definitely enforceable.

[MarillionFan]

Anyone had any serious dealings with these? Are they really enforceable? If you thought they had been breached, who would it be best to contact?

What do you want to do? I've got some new experience on this as it's something I'm having to deal with on the house and building plot I've just bought & so have just gone into in detail with my solicitor.

[shaunbhoy]

It's civil law, and they're definitely enforceable.

"I have a friend" who has a neighbour whose property is on a plot of land that was sold off 40-50 years ago, by the former owner of "my friend's" house, with a variety of covenants attached.

These covenants include stipulations that on this plot only 1 bungalow be erected.
These neighbours recently extended their bungalow, and demolished a single-storey single garage, replacing it with a double garage with office/bathroom upstairs.

Another part of the covenant states that the bungalow should be used as a dwelling place only.
The wife uses this office space as an office, and runs a Recruitment Agency(Spit!) from there.

A further restriction is that no shrub or plant should be allowed to grow higher than 6 feet in height.
This has also been flouted in a number of cases.

To cap it all off, "my friend" recently applied for planning permission. This neighbour went completely over the top with their objections, fabricating hogwash about there being some boundary dispute, bleating and whining to anyone and everyone, and generally being a complete twat about the whole thing, having been almost completely allowed to do their own development unhindered.

Bearing all that in mind, what advice should I offer "my friend" about how to proceed?

[AtW]

What do you want to do? I've got some new experience on this as it's something I'm having to deal with on the house and building plot I've just bought & so have just gone into in detail with my solicitor.

You did not check covenants prior to purchase?

[AtW]

Bearing all that in mind, what advice should I offer "my friend" about how to proceed?

Sell the place and move somewhere with nicer neighbours.

HTH

P.S. Invoice is in the post...

[BrilloPad]

Bearing all that in mind, what advice should I offer "my friend" about how to proceed?

Option 1. Get a solicitor
Option 2. Send the boys round

HTH

[Paddy]

"I have a friend" who has a neighbour whose property is on a plot of land that was sold off 40-50 years ago, by the former owner of "my friend's" house, with a variety of covenants attached.

These covenants include stipulations that on this plot only 1 bungalow be erected.
These neighbours recently extended their bungalow, and demolished a single-storey single garage, replacing it with a double garage with office/bathroom upstairs.

Another part of the covenant states that the bungalow should be used as a dwelling place only.
The wife uses this office space as an office, and runs a Recruitment Agency(Spit!) from there.

A further restriction is that no shrub or plant should be allowed to grow higher than 6 feet in height.
This has also been flouted in a number of cases.

To cap it all off, "my friend" recently applied for planning permission. This neighbour went completely over the top with their objections, fabricating hogwash about there being some boundary dispute, bleating and whining to anyone and everyone, and generally being a complete twat about the whole thing, having been almost completely allowed to do their own development unhindered.

Bearing all that in mind, what advice should I offer "my friend" about how to proceed?

It depends on if the land is freehold or leasehold.

If it leasehold, covenants will probably have to be adhered to. If it’s freehold it is highly unlikely that it is enforceable. He will need to apply to the Land Registry tand get copies of all documents on their file.

[sasguru]

"I have a friend" who has a neighbour whose property is on a plot of land that was sold off 40-50 years ago, by the former owner of "my friend's" house, with a variety of covenants attached.

These covenants include stipulations that on this plot only 1 bungalow be erected.
These neighbours recently extended their bungalow, and demolished a single-storey single garage, replacing it with a double garage with office/bathroom upstairs.

Another part of the covenant states that the bungalow should be used as a dwelling place only.
The wife uses this office space as an office, and runs a Recruitment Agency(Spit!) from there.

A further restriction is that no shrub or plant should be allowed to grow higher than 6 feet in height.
This has also been flouted in a number of cases.

To cap it all off, "my friend" recently applied for planning permission. This neighbour went completely over the top with their objections, fabricating hogwash about there being some boundary dispute, bleating and whining to anyone and everyone, and generally being a complete twat about the whole thing, having been almost completely allowed to do their own development unhindered.

Bearing all that in mind, what advice should I offer "my friend" about how to proceed?

Is your friend a cretin with a propensity for spewing hot air and mistaking that for valid discourse, by any chance?

[MarillionFan]

You did not check covenants prior to purchase?

Yes I did, and so.... (answering the question above).

So the process of gaining planning permission is a matter for the council and not for any convenants that may be placed in the title deeds of the property. So you can get planning permission.

Then is the issue of any covenants that may be against the property. If put their by say a company or person you can write and asked for those to be changed, they can ask for some coin to do so or they can reject. In the case of 'persons' this can be inherited and in addition neighbours can be a pain in the arse also calling up any covenants.

There is one on my new property which states that the garden can only be used as a garden. My solicitor pointed out that you can take out Restrictive Covenant Insurance. Restrictive Covenant Insurance | Stride Property Insurance and recommended I do so before building. That way I am covered if anyone comes a knocking(In my case the builders have gone bust so it's highly unlikely).

Now you can also take out retrospective insurance(after it's been built). It's a one off payment and depends on case to case, but in the case of Shaunbhoys neighbours it sounds very prudent in case it gets messy.

As an addition, the builder who quoted for me at the weekend has a similar property to the one as mine and took it out before his build. His neighbours kicked up a massive stink, challenged it, lost and he got paid out £25k for damages?).