Reply to: Restrictive Covenants on Prospective House Purchase

[FatLazyContractor]

Very, very disappointing and a waste of a lot of time and money.

What sort of numbers are we talking here?

[Gumbo Robot]

I'm Out

Then on top of the covenants there are conditions on the planning permission granted to redevelop the property and this one alone is enough to make me walk:

No works shall be undertaken until a hard and soft landscaping scheme has been first submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include details of all new walls, fences.. a planting specification to include positions, species and size of all new trees, locations of grassed areas and areas for shrub planting. The works shall be permanently retained and maintained unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the provision of an appropriate setting to the development having regard to the provisions of the Saved Policies Q1 and Q4 of the Mendip District Local Plan 2002

(hmmm... 2002 again.. I've come across a lot of meddling legislation dating from that time while I've been involved in this house purchase)

TL;DR - if you want to plant a hydrangea, you have to ask the council's permission first.

Very, very disappointing and a waste of a lot of time and money.

[PerfectStorm]

Have you asked your conveyancing solicitor?

[PurpleGorilla]

Do you want to have them as neighbours?

[DimPrawn]

Just walk away, sounds like an area full of nimby s

[Gumbo Robot]

Depending on the direction of the sun the neighbour may not want the Beech hedge.

They actually rent out that part of the property but I'll find out when I get a reply to my letter.

Irony of ironies though, I've just found out the neighbour is a senior partner in a local law firm; the same firm that is handling the conveyancing for my buyer

No wonder they're dotted all the I's etc on those covenants.

[SueEllen]

Depending on the direction of the sun the neighbour may not want the Beech hedge.

[Gumbo Robot]

Your call. I would be seriously put off by some tulip like that.

Actually, these covenants have raised another issue. I was going to plant a beech hedge on my side of the boundary to get some privacy - I've just written a letter to the neighbours to gauge their response. If it's not positive, I'm out. I wouldn't have even thought of potential boundary disputes from putting in a hedge that Will be maintained at a height of no more than 7 feet.

Perhaps I should stay in my humble cottage. At least it's live and let live round here.

[BrilloPad]

I had one on the property I had another house built in the garden. No hedges, no structures etc unless agreed by the builder.

Builder went bust in the 1980s so nobody to ask. A neighbour came up and said I wasnt allowed to, but as there was nobody to complain to I carried on.

To cover issues later from a resale perspective I took out Restrictive covenant Indemnity insurance for about £100 which insures you against later problems. Quite normal

I assume you had planning permission?

[PurpleGorilla]

Restrictive Covenants on Prospective House Purchase

He has done - I haven't exchanged yet.

It would save all concerned a lot of time, money and stress if these things were declared upfront. That said, still not sure whether I'm actually going to pull out. May use it as a bargaining chip to get 10k off the price.

Your call. I would be seriously put off by some tulip like that.

[MarillionFan]

I have one of these covenants in my property that i snapped up a year ago. Its something about not allowed to build a a structure even temporary (wooden i assume).

The covenant was issued by the company that built that house in the 30s, they went out of business in the 70s. I want to do a shed pub with all the whistles and bells and I concluded that it was a low risk of anyone enforcing it.

If you're worried about how it will effect a future sale get an insurance policy thingy to cover it off and that should do the trick.

You can always knock the summerhouse down as well as a nuclear option

I had one on the property I had another house built in the garden. No hedges, no structures etc unless agreed by the builder.

Builder went bust in the 1980s so nobody to ask. A neighbour came up and said I wasnt allowed to, but as there was nobody to complain to I carried on.

To cover issues later from a resale perspective I took out Restrictive covenant Indemnity insurance for about £100 which insures you against later problems. Quite normal

[Gumbo Robot]

No, YOUR solicitor should have made you aware of it during the purchase.

He has done - I haven't exchanged yet.

It would save all concerned a lot of time, money and stress if these things were declared upfront. That said, still not sure whether I'm actually going to pull out. May use it as a bargaining chip to get 10k off the price.

[PurpleGorilla]

No. I wasn't aware of the issue. Perhaps the vendor should have made me aware of it. I don't know...

No, YOUR solicitor should have made you aware of it during the purchase.

[Gumbo Robot]

You you took all that into account when you made your offer, right?

No. I wasn't aware of the issue. Perhaps the vendor should have made me aware of it. I don't know...

[CoolCat]

The trick is to buy an old double decker bus, park it up where you want and have it converted into a summer house or whatever.