Restrictive Covenants
Discussion
Sparkysea said:
Mmm... I wonder if the Equality Act would apply?! I think a covenant that stops a business that is not intrusive being run from home prevents disabled people from earning a living.
By the way Friday 18th May 2012 is "National Work from Home Day."
http://www.workwiseuk.org/
Probably but with limitations. There is a difference in "working from home" where you work in a home office using email, etc, and running a business from home with visitors, deliveries, etc. By the way Friday 18th May 2012 is "National Work from Home Day."
http://www.workwiseuk.org/
One has an impact on your neighbours, the other doesn't. Difficult line to draw in reality...
I think alot of businesses run from home have no impact on neighbours even when visitors attend the premises.
Re the Equality Act
I think it could influence these covenants...e.g: why can't the teacher with MS work from home and give private tuition?
Such covenants can cause seller discrimination
Re the Equality Act
I think it could influence these covenants...e.g: why can't the teacher with MS work from home and give private tuition?
Such covenants can cause seller discrimination
Restrictive covenants that have been rendered silly/unreasonable by social changes with the passage of time, the changed character of the neighbourhood etc. will certainly meet one or more of the 4 or 5 criteria for OBSOLESCENCE and can be safely ignored. You could apply to get them discharged but it's rarely worth the hassle.
Just working from home - i.e. using a room as an office - would not fall foul of any covenant that stated 'no trade or business whatsoever' because the person with the benefit could show no possible loss/nuisance. It's only when vehicles/customers/noise/fumes etc. etc. are caused that you have a problem.
What level of business activity the Council decides merits a material change requiring planning permission and payment of business rates is irrelevant in judging a breach of a covenant. e.g. Small scale child minding is considered exempt as the default position (usually) by LA, but it could easily breach a relevant restrictive covenant.
Just working from home - i.e. using a room as an office - would not fall foul of any covenant that stated 'no trade or business whatsoever' because the person with the benefit could show no possible loss/nuisance. It's only when vehicles/customers/noise/fumes etc. etc. are caused that you have a problem.
What level of business activity the Council decides merits a material change requiring planning permission and payment of business rates is irrelevant in judging a breach of a covenant. e.g. Small scale child minding is considered exempt as the default position (usually) by LA, but it could easily breach a relevant restrictive covenant.
Sorry to revive an old thread, but I've possibly got a restrictive covenant on a house I'm interested in.
Trouble is it's tricky to understand clearly, and when you understand it the meaning and/or implications seem vague. There's much mentioning of the sellers of the land and neighbours not having any 'loss of light', but what's to say what a loss of light is? It's a 1/2 acre plot and I'd like to be able to put a garage on it somewhere, not being able to would be a 100% deal breaker.
Trouble is it's tricky to understand clearly, and when you understand it the meaning and/or implications seem vague. There's much mentioning of the sellers of the land and neighbours not having any 'loss of light', but what's to say what a loss of light is? It's a 1/2 acre plot and I'd like to be able to put a garage on it somewhere, not being able to would be a 100% deal breaker.
surveyor said:
Exact wording?
This^The wording around restrictions and reservations is often convoluted full of arse backwards references and double negatives!
The key things are:
What section of the title does it fall under, eg reservations, benefits etc
What does it sauy exactly, (do not miss any ounctuation)
Does it refer to other conveyances? If so you may need several documents to make sense of it
TBH your solicitor should have explained this type of thing to you when you acquired the property
surveyor said:
Exact wording?
This is from 1985 (I assume). I have no plan that is 'edged green' which I think is because at the bottom... "Original Conveyance plan filed".Deeds said:
A: Property Register
This register describes the land and estate comprised in
the title. ************
1 (27.06.1985) The Freehold land shown edged with red on the plan of the
above Title filed at the Registry and being ************.
The Conveyance dated 10 April 1985 referred to in the Charges Register
contains the following provision:-
"IT IS HEREBY AGREED AND DECLARED as follows:-
(i) that the Purchasers shall not be entitled to any easement or right
of light or air which would restrict or interfere with the free use of
the neighbouring property of the Vendors ("the retained land") and
which is for the purposes of identification only edged green on the
plan attached hereto for building or other purposes and that the access
and user of light and air for the property purchased by the Purchasers
to and for any dwelling house erection or building for the time being
erected or standing thereon from and over the retained land is enjoyed
under the express consent of the Vendors and the Vendors and their
successors in title owners or occupiers of the said retained land may
from time to time at any time interfere with or destroy the access of
light or air to the property hereby purchased and the said dwelling
house erections or other buildings by erecting new buildings or
altering existing buildings on the said retained land without any
informal revocation of any such consent
(ii) the Vendors may deal with the retained land free from all
restrictions and may sell or demise such other land in such parcels and
upon such terms and conditions and subject to or free from any
restrictions as they may think and the Purchasers shall not be released
from any of the conditions or stipulations herein nor shall the rights
of the Vendors to enforce such conditions and stipulations be affected
by reason that other lands of the Vendors shall have been sold or
demised or contracted to be sold or demised without similar
restrictions to those herein contained or that such other lands are
being used in a manner or for purposes inconsistent with the
restrictions contained in the Third Schedule hereto and the Purchasers
shall not be entitled to inspect any assurance executed by the Vendors
in favour of any other Purchaser."
NOTE: Original Conveyance plan filed.
Then further on, I think the owner of the house bought a bit of the neighbouring field from someone...This register describes the land and estate comprised in
the title. ************
1 (27.06.1985) The Freehold land shown edged with red on the plan of the
above Title filed at the Registry and being ************.
The Conveyance dated 10 April 1985 referred to in the Charges Register
contains the following provision:-
"IT IS HEREBY AGREED AND DECLARED as follows:-
(i) that the Purchasers shall not be entitled to any easement or right
of light or air which would restrict or interfere with the free use of
the neighbouring property of the Vendors ("the retained land") and
which is for the purposes of identification only edged green on the
plan attached hereto for building or other purposes and that the access
and user of light and air for the property purchased by the Purchasers
to and for any dwelling house erection or building for the time being
erected or standing thereon from and over the retained land is enjoyed
under the express consent of the Vendors and the Vendors and their
successors in title owners or occupiers of the said retained land may
from time to time at any time interfere with or destroy the access of
light or air to the property hereby purchased and the said dwelling
house erections or other buildings by erecting new buildings or
altering existing buildings on the said retained land without any
informal revocation of any such consent
(ii) the Vendors may deal with the retained land free from all
restrictions and may sell or demise such other land in such parcels and
upon such terms and conditions and subject to or free from any
restrictions as they may think and the Purchasers shall not be released
from any of the conditions or stipulations herein nor shall the rights
of the Vendors to enforce such conditions and stipulations be affected
by reason that other lands of the Vendors shall have been sold or
demised or contracted to be sold or demised without similar
restrictions to those herein contained or that such other lands are
being used in a manner or for purposes inconsistent with the
restrictions contained in the Third Schedule hereto and the Purchasers
shall not be entitled to inspect any assurance executed by the Vendors
in favour of any other Purchaser."
NOTE: Original Conveyance plan filed.
Deeds said:
C: Charges Register
This register contains any charges and other matters
that affect the land.
1 A Conveyance of the land tinted pink on the title plan dated 10 April
1985 made between (1) ************ and ************ (Vendors) and (2) ************ and ************
(Purchasers) contains the following covenants:-
"THE Purchasers for themselves and their successors in title so as to
bind the the (sic) property conveyed and to benefit the retained land
covenant with the Vendors to observe and perform the covenants referred
to in the Third Schedule and to indemnify the Vendors and their estates
against any liability resulting from their future breach non-observance
or non-performance
THE THIRD SCHEDULE
(Schedule of Covenants)
1. The Purchasers shall not carry on at any time or suffer to be
carried on upon the property or any part thereof any trade or business
whatsoever except that of a Solicitor Doctor Dentist or Nursery
2. No noisy or dangerous trade or pursuit shall be carried on upon the
property nor any trade or pursuit which may become in any way a
nuisance annoyance or danger to the Vendors or their successors in
title or the owners or occupiers of any neighbouring property or which
may tend to depreciate the value of the retained land or any part
thereof as a residential building line."
2 A Transfer of the land tinted blue on the title plan dated 10 April
1985 made between (1) ************ and (2) ************
and ************ contains covenants identical with those contained in
the Conveyance dated 10 April 1985 referred to above.
3 The land tinted pink on the title plan is subject to the following
rights reserved by the Conveyance dated 10 April 1985 referred to
above:-
"Subject to the rights reserved specified in the Second Schedule hereto
THE SECOND SCHEDULE
(Rights Reserved)
The Vendor reserves for the benefit of the retained land the free and
uninterrupted running of water and soil from and to the retained land
of the Vendors through the sewers drains and watercourses which are in
or under the property conveyed with all easements rights and privileges
proper for repairing maintaining and reinstating the same and such
rights of light or air for the benefit of the Vendors retained land as
they would be entitled to if the property conveyed and the retained
land were in separate ownership and indefeasable rights of light or air
as at present enjoyed of such retained land had been acquired under the
Prescription Act 1832 of the Rights of Light Act 1959."
4 The land tinted blue on the title plan is subject to the rights
reserved by the Transfer dated 10 April 1985 referred to above which
are identical to the rights reserved by the Conveyance dated 10 April
1985.
Title number ************
3 of 4
5 The land is subject to the rights contained in a Deed of Easement dated
28 June 1985 made between (1) ************ and ************ (2)
************ and ************ and (3) ************ and ************.
This register contains any charges and other matters
that affect the land.
1 A Conveyance of the land tinted pink on the title plan dated 10 April
1985 made between (1) ************ and ************ (Vendors) and (2) ************ and ************
(Purchasers) contains the following covenants:-
"THE Purchasers for themselves and their successors in title so as to
bind the the (sic) property conveyed and to benefit the retained land
covenant with the Vendors to observe and perform the covenants referred
to in the Third Schedule and to indemnify the Vendors and their estates
against any liability resulting from their future breach non-observance
or non-performance
THE THIRD SCHEDULE
(Schedule of Covenants)
1. The Purchasers shall not carry on at any time or suffer to be
carried on upon the property or any part thereof any trade or business
whatsoever except that of a Solicitor Doctor Dentist or Nursery
2. No noisy or dangerous trade or pursuit shall be carried on upon the
property nor any trade or pursuit which may become in any way a
nuisance annoyance or danger to the Vendors or their successors in
title or the owners or occupiers of any neighbouring property or which
may tend to depreciate the value of the retained land or any part
thereof as a residential building line."
2 A Transfer of the land tinted blue on the title plan dated 10 April
1985 made between (1) ************ and (2) ************
and ************ contains covenants identical with those contained in
the Conveyance dated 10 April 1985 referred to above.
3 The land tinted pink on the title plan is subject to the following
rights reserved by the Conveyance dated 10 April 1985 referred to
above:-
"Subject to the rights reserved specified in the Second Schedule hereto
THE SECOND SCHEDULE
(Rights Reserved)
The Vendor reserves for the benefit of the retained land the free and
uninterrupted running of water and soil from and to the retained land
of the Vendors through the sewers drains and watercourses which are in
or under the property conveyed with all easements rights and privileges
proper for repairing maintaining and reinstating the same and such
rights of light or air for the benefit of the Vendors retained land as
they would be entitled to if the property conveyed and the retained
land were in separate ownership and indefeasable rights of light or air
as at present enjoyed of such retained land had been acquired under the
Prescription Act 1832 of the Rights of Light Act 1959."
4 The land tinted blue on the title plan is subject to the rights
reserved by the Transfer dated 10 April 1985 referred to above which
are identical to the rights reserved by the Conveyance dated 10 April
1985.
Title number ************
3 of 4
5 The land is subject to the rights contained in a Deed of Easement dated
28 June 1985 made between (1) ************ and ************ (2)
************ and ************ and (3) ************ and ************.
Very quick read through as I am in the middle of something. But it look to me as if the sellers of the land are free to do what they want in terms of restricting light over the land they sold. Not sure there are any restrictions on the purchaser, but i need more than 30 secs to read it through.
Will look properly later
Will look properly later
blueg33 said:
Very quick read through as I am in the middle of something. But it look to me as if the sellers of the land are free to do what they want in terms of restricting light over the land they sold. Not sure there are any restrictions on the purchaser, but i need more than 30 secs to read it through.
Will look properly later
Thank you very much for taking the time Will look properly later
Esseesse said:
blueg33 said:
Very quick read through as I am in the middle of something. But it look to me as if the sellers of the land are free to do what they want in terms of restricting light over the land they sold. Not sure there are any restrictions on the purchaser, but i need more than 30 secs to read it through.
Will look properly later
Thank you very much for taking the time Will look properly later
Ok, I have now spent a bit longer reading the title, thanks for bearing with me.
Firstly, IANAL but I have spent nearly 30 years buying development land. When you buy development land you sort all of the legal issues, so that yu can satisfy all of the purchasers solicitors. In otherwords, I have experience of most title issues etc. My current business buys circa 50 sites a year, so Iread a new title every week and take advic e from some o te country's leading property lawyers. This rubs off.
So my interprestation
(i) The irst para basically states that the seller can do what he wants and that the purchaser cannot object to any loss of rights to light. (Rights to light work in the same way as an easement say for a drain or a right of way). The seller is the owner of the land edged green.
(ii) The second para basically says tha the seller can pass the benefit of the para (i) to anyone in as many parcels as he wants without extinguising the benefits of para (i)
The Schedule of Covenants
Most of this is obvious, it does what it says and the second schedule basically creates rights for drains across the land being sold (your land?) and also ensures that the rights of light are to the sellers land are also protected. Ie you cannot do anything that will breach that right.
They refer to the RoL Act which actually is useful, as this means that with a RoL surveyor you could probably establish that their RoL are not impacted by a development on your land. There is a complex calculation that mesures light and angle of the sun in relatio to windows etc. (We use AA Projects for this type of work, and they have done presentations to my development teams etc setting out the basics)
I hope this helps. Obviously be you take any decisions, please consult a lawyer, again I can recommend people, but they tend to be pretty pricey.
Firstly, IANAL but I have spent nearly 30 years buying development land. When you buy development land you sort all of the legal issues, so that yu can satisfy all of the purchasers solicitors. In otherwords, I have experience of most title issues etc. My current business buys circa 50 sites a year, so Iread a new title every week and take advic e from some o te country's leading property lawyers. This rubs off.
So my interprestation
(i) The irst para basically states that the seller can do what he wants and that the purchaser cannot object to any loss of rights to light. (Rights to light work in the same way as an easement say for a drain or a right of way). The seller is the owner of the land edged green.
(ii) The second para basically says tha the seller can pass the benefit of the para (i) to anyone in as many parcels as he wants without extinguising the benefits of para (i)
The Schedule of Covenants
Most of this is obvious, it does what it says and the second schedule basically creates rights for drains across the land being sold (your land?) and also ensures that the rights of light are to the sellers land are also protected. Ie you cannot do anything that will breach that right.
They refer to the RoL Act which actually is useful, as this means that with a RoL surveyor you could probably establish that their RoL are not impacted by a development on your land. There is a complex calculation that mesures light and angle of the sun in relatio to windows etc. (We use AA Projects for this type of work, and they have done presentations to my development teams etc setting out the basics)
I hope this helps. Obviously be you take any decisions, please consult a lawyer, again I can recommend people, but they tend to be pretty pricey.
blueg33 said:
I hope this helps. Obviously be you take any decisions, please consult a lawyer, again I can recommend people, but they tend to be pretty pricey.
Thank you very much, and yes it does. I will speak to a lawyer of course, but you've confirmed that things are worth pursuing further.Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff