Garage where I'm not allowed to build

[Blu3R]

I want to build a garage or carport on a piece of my land where I'm not allowed a permanent structure. I love the idea of an oak cart lodge type affair but how permanent is permanent? What can I put there?

[blueg33]

Is the restriction coming from covenants in the title or from planning policy?

Edited by blueg33 on Wednesday 21st January 16:11

[brianb]

I know just the thing

wonderwebb said:

[Foliage]

Have it on wheels, then its not permanent.

Seriously though, permanent as far as im aware with regards planning is defined by being affixed to the ground, needing to be torn down or taken apart to be relocated/removed.

So a good start would be a structure with no ground works & pre-fabricated.

[Renovation]

Around here (Midlands) stable blocks are mounted on steel skids so that they can technically be dragged around the field - they never are of course.

[Blu3R]

In my deeds it says words to the effect of 'no building between x and y of z boundary'

[DBSV8]

Blu3R said:

In my deeds it says words to the effect of 'no building between x and y of z boundary'

You need to research who would benifit from the covenant , ie: Usually an adjacent neighbour, so if you put up a garage inside the boundaries , they may Sue to enforce the restriction , A lot depends on the age of the covenant and whether the beneficiaries will take action,

May be worth having a chat with your neighbours to see where they stand . Its also worth investigating whether the Restrictive covenant is still valid ?

http://www.restrictivecovenants.co.uk/arethecovena...

[blueg33]

Blu3R said:

In my deeds it says words to the effect of 'no building between x and y of z boundary'

Ok, this could make things slightly easier as we are talking about a title issue not a planning issue.

Firstly - how old is that covenant/restriction and who benefits?
Secondly - if a garage is built there, would any potential beneficiary suffer a loss?

If the covenant is old then you could talk to a solicitor about Restrictive Covenant Indemnity Insurance, it doesnt cost much and could give you some protection in the event of a claim.

If the covenant is more recent, why not ask the beneficiary for permission to build?

Don't suume that because you think a structure is temporary that it will not breach the covenant, it may still be a breach.

[Blu3R]

Thanks for the comments. From what I can gather it was set in 1923 when the land was purchased from the farmer behind and the house was then built.
The wording is:
he the purchaser will not erect or cause to be erected any building in front of the building line shewn on said plan which said building line is 40 feet from the southern side or the road hedge at the eastern boundary of the said piece or parcel of land and 49 feet from the southern side of the hedge at the western boundary of the said piece or parcel of land

Any clues in that?

[blueg33]

Blu3R said:

Thanks for the comments. From what I can gather it was set in 1923 when the land was purchased from the farmer behind and the house was then built.
The wording is:
he the purchaser will not erect or cause to be erected any building in front of the building line shewn on said plan which said building line is 40 feet from the southern side or the road hedge at the eastern boundary of the said piece or parcel of land and 49 feet from the southern side of the hedge at the western boundary of the said piece or parcel of land

Any clues in that?

1923 - excellent. Pretty easy to insure probably for a minimal cost. You need to speak to a solicitor.

With a restrictions like that I have insured and built blocks of flats with no issue. It only becomes a problem if its a "scheme of development" covenant. Only a solicitor who knows his property stuff can advise you properly on that, but a scheme of development covenant is unlikely.

[CAPP0]

However, if you are intending to build in front of the building line, that is (AAUI) contrary to permitted development and frequently not likely to be approved by the local council, regardless of the type of structure?

[blueg33]

CAPP0 said:

However, if you are intending to build in front of the building line, that is (AAUI) contrary to permitted development and frequently not likely to be approved by the local council, regardless of the type of structure?

Yes

[Blu3R]

Thanks again. Might have to make do with a hardstanding if I can't put anything there at all.

[_Leg_]