Solicitors

[vetran]

I agree with SE. It doesn't sound like the house is too old if the original builder is still knocking around, but in my experience these things relate to Trades, rather than any trade. To clarify, a Trade would be something such as Blacksmith, Baker, Tanner, Fishmonger etc It's poorly worded, but these things are written at a point in time and can't be amended for modern days. I have the right to take a horse and cart round the back of my place - the modern equivalent being a car (or even a van I suppose) so that's what I use.

I wouldn't fret about it - if acceptable business activity is specifically allowed, you aren't going to have any problems unless you set up a chip shop.

Built 1961, builder has changed name and consolidated but its basically the same one. They have form for these kind of restrictions.

[FiveTimes]

What a bunch of muppets

We get a copy of title transfer documents to review. Apparently this doesn't mean childminding or IT contracting is prohibited at the address.

No dwellinghouse which shall be erected on the said land shall at any time be used for any purpose other than that of a private dwellinghouse and no trade busieness or manufacure whatsoever shall be set up or carried on thereon or any part thereof but the profession of a dental surgeon registered medical practitioner or solicitor may be carried thereon.

how does everyone else read it?

It reads like the solicitor needs to learn to spell.

[SueEllen]

To be fair, this was a cheap firm of internet cowboys from the northern badlands, but when we bought, the local 'respected' solicitors were equally slow and shapeless.

Worse than pimps, the lot of them.

I've come to the conclusion it doesn't matter what you pay solicitors, accountants, physios or whoever it's just luck whether they are any good or not. You can ask for recommendations but unless you are asking for exactly the same thing as the person who recommended them then it's still luck.

[barrydidit]

I agree with SE. It doesn't sound like the house is too old if the original builder is still knocking around, but in my experience these things relate to Trades, rather than any trade. To clarify, a Trade would be something such as Blacksmith, Baker, Tanner, Fishmonger etc It's poorly worded, but these things are written at a point in time and can't be amended for modern days. I have the right to take a horse and cart round the back of my place - the modern equivalent being a car (or even a van I suppose) so that's what I use.

I wouldn't fret about it - if acceptable business activity is specifically allowed, you aren't going to have any problems unless you set up a chip shop.

[Rhino 888]

I would do both. The first so you can move in and not worry about neighbours complaining about your wife childminding, and then investigate the second. If it doesn't cost loads it means you can do it and not worry about selling your house later. Lots of people now run their own business and work at home so will be looking out for these covenants when buying properties.

BTW next time post stuff like this in business/contacts as you will get those with some legal knowledge arguing it out.

These indemnities seem to crop up for all sorts of things. It seems general that the vendor pays for them? But be aware that many of the policies can expire when you sell, so you might go through the same problem when you sell the house.

Sold our house earlier this year, solicitors all inept.
It took 3 goes to get the correct money from the sale!
First time just randomly short changed us by a five figure sum, second time passed on an error from the Estate Agent adding £800 to the VAT.
Failed to charge us for the service of arranging indemnities...
Muppets.

To be fair, this was a cheap firm of internet cowboys from the northern badlands, but when we bought, the local 'respected' solicitors were equally slow and shapeless.

Worse than pimps, the lot of them.

[SueEllen]

She also suggested we should chance it / ignore it. I was the one who asked her to investigate indemnities. The other alternative as far as I see is that we approach the original builders and they ask for £XXXXXX and it takes months.

I would do both. The first so you can move in and not worry about neighbours complaining about your wife childminding, and then investigate the second. If it doesn't cost loads it means you can do it and not worry about selling your house later. Lots of people now run their own business and work at home so will be looking out for these covenants when buying properties.

BTW next time post stuff like this in business/contacts as you will get those with some legal knowledge arguing it out.

[vetran]

It's not the solicitor's fault.

Loads of properties have similar restrictions to prevent you running a brothel or other business on the premises that would make the surrounding houses hard to sell that the builder built and annoy the neighbours. At the time the house was built knownlege work didn't exist so "respectable business" was dentist, doctor and solicitor.

Knowledge work e.g. IT contracting and childminding can be argued not to be "trade business" or "manufacturing".

I'm not blaming the Solicitor for the presence of the clause she was almost certainly not born then, being at my estimate in her mid twenties.

I am blaming her for not mentioning it until now just before we sign contracts (she has had the information for weeks) as we disclosed both my wife & my business activities up front. I am also disappointed with her advice.

The Solicitor said it didn't apply following your reasoning, however if you read it the clause excludes any business except the 3 permitted, its fairly clear and without doubt.

She also suggested we should chance it / ignore it. I was the one who asked her to investigate indemnities. The other alternative as far as I see is that we approach the original builders and they ask for £XXXXXX and it takes months.

I feel its not something we can ignore because our solicitor thinks without any concrete reason it doesn't apply. If she had said it doesn't apply because of XYZ case or these clauses only apply in N case then great but she didn't.

Just seen your edit, a spiteful neighbour is exactly what I'm worried about, it will hopefully be unlikely but as seen on this board there is no accounting for folk.

By the way thanks for your input it is valued I'm just a bit miffed as its not like we are paying bottom dollar for their service.

[SueEllen]

What a bunch of muppets


We get a copy of title transfer documents to review. Apparently this doesn't mean childminding or IT contracting is prohibited at the address.

No dwellinghouse which shall be erected on the said land shall at any time be used for any purpose other than that of a private dwellinghouse and no trade busieness or manufacure whatsoever shall be set up or carried on thereon or any part thereof but the profession of a dental surgeon registered medical practitioner or solicitor may be carried thereon.

It's not the solicitor's fault.

Loads of properties have similar restrictions to prevent you running a brothel or other business on the premises that would make the surrounding houses hard to sell that the builder built, and annoy the neighbours by causing a nuisance. At the time the house was built knowledge work didn't exist so "respectable business" was dentist, doctor and solicitor.

Knowledge work e.g. IT contracting, and childminding can be argued not to be "trade business" or "manufacturing".

Edited to say: While the builder may not be interested in your covenants but if your house isn't that old and neighbouring houses were built by the same builder who is still in existence, you need to be careful of spiteful neighbours. I know someone who was reported for having a builder's van on a road. Nothing happened as the van had no logos and the van was just parked there temporarily.

[vetran]

Who would the beneficiary of these covenants (if any)?

I'm assuming the Builder

[The Spartan]

Who would the beneficiary of these covenants (if any)?

[Paddy]

What a bunch of muppets

We get a copy of title transfer documents to review. Apparently this doesn't mean childminding or IT contracting is prohibited at the address.

No dwellinghouse which shall be erected on the said land shall at any time be used for any purpose other than that of a private dwellinghouse and no trade busieness or manufacure whatsoever shall be set up or carried on thereon or any part thereof but the profession of a dental surgeon registered medical practitioner or solicitor may be carried thereon.

how does everyone else read it?

Another flaming few hundred quid in indemities.

I'm starting to come over all Leo Getz - NSFW.

https://www.youtube.com/watch?v=b1tXS-NqT9I

These are covenants. Covenants are not planning permission. Covenants are difficult to enforce so don't take notice of them.

[vetran]

What a bunch of muppets

We get a copy of title transfer documents to review. Apparently this doesn't mean childminding or IT contracting is prohibited at the address.

No dwellinghouse which shall be erected on the said land shall at any time be used for any purpose other than that of a private dwellinghouse and no trade busieness or manufacure whatsoever shall be set up or carried on thereon or any part thereof but the profession of a dental surgeon registered medical practitioner or solicitor may be carried thereon.

how does everyone else read it?

Another flaming few hundred quid in indemities.

I'm starting to come over all Leo Getz - NSFW.

https://www.youtube.com/watch?v=b1tXS-NqT9I