Restrictive covenants

[Purosangue]

In the scenario





our house was built on the old neighbours land . We Own A & B , both of which have separate covenants house was built circa 1990

Covenant A was drawn up in 1939 .

The Purchaser for himself and the persons deriving title under him
hereby covenants with the Vendor for the benefit of her adjoining and
neighbouring land
(1) NOT to erect or permit to be erected on the said land any building
other than one private dwellinghouse with or without a suitable motor
house.
(2) TO plant forthwith and for ever maintain a good and sufficient
growing hedge along the Eastern boundary of the said land.
(3) NOT to cut down any trees in existence upon the said land


Covenant B

A Conveyance of the land tinted blue on the filed plan and other land
dated 14 December 1956 contains the
following covenants:-
The Purchaser for himself and his successors in title and to the intent
that the benefit of this covenant may be annexed to and run with each
and every part of the land of the Vendor adjoining or near the land
hereby conveyed hereby covenants with the Vendor as follows:-
(a) Not to erect or permit to be erected on the said land any building
whatsoever
(b) To plant forthwith and for ever after maintain a good and
sufficient growing hedge along the whole of the eastern boundary of the
said land.

A Conveyance of the land in this title dated 16 February 1990

(i) Within one month of the date hereof to erect and forever
thereafter to maintain a six foot high close boarded fence with wooden
posts on the western and northern boundaries of the property hereby
conveyed between the points marked A B and C on the plan annexed hereto
(ii) Not to erect any building on the land hereby conveyed other than
one private dwellinghouse with a suitable garage
(iii) Not to use for permit to be used any dwellinghouse on the land
hereby conveyed for any purpose other than as a private dwellinghouse
only and not to use any garage erected on the land hereby conveyed or
permit the same to be used other than as a private garage in connection
with the dwellinghouse to which it belongs and no trade or business
shall be carried out on the land hereby conveyed or any part thereof
(iv) Not to park any vehicle on the driveway coloured yellow on the
plan annexed hereto and not to obstruct the said driveway
The Purchasers and their successors in title will not breed dogs
or cats nor keep pigs bees or chickens on the land hereby conveyed."



It came to light as the wife wanted a few Chickens , The neighbours moved in in 1993 , they know nothing of the covenants and are quite happy if we have a few chickens as im more than happy for them to have eggs .similary they don't object to a office building at the bottom of A

Also when we bought the property in 2012 there was a small shed at the bottom of A which the sellers removed , Id like to build a small office at the bottom of the garden , present neighbours have no objection , how best to proceed without it costing a fortune



the area A is 1939 so would that be null and void now ?

A Conveyance of the land in this title dated 16 February 1990 does this refer to A& B or just B ?

Edited by Purosangue on Friday 10th April 20:27

[Nicetobenice]

If the beneficiary of a covenant fails to enforce it then they will eventually lose the right to enforce it.

So as it appears the current neighbours don't mind then you could just crack on.

Or you could offer to pay their fees plus something extra to grease the wheels and get the covenants removed