Restrictive Covenants
Discussion
Hi All,
I'm in the process of buying a property that was built by a developer who's put a number of restrictive covenants on the property. Nothing unusual, but somewhat annoying nonetheless.
1) No caravans/boat trailers. (Might want a caravan in the future)
2) Private motor cars only. (Occasionally bring a van home from work for deliveries)
3) Property only to be used as private dwellinghouse (I'm also self employed and work from home...)
4) Front garden - no hedge/shrub over 2ft (It's about 6ft atm! But we like the privacy given)
5) Front garden - to remain unenclosed (Has a gate/fence all round + hedge! and again, we want to keep that).
6) Not to cause any nuisance (Dennis -v- Davies [2008] held that building work could be a nuisance and blocked a planned extension - and I was planning on altering the garage).
The developer is Bryant Homes Central Limited - now I presume that some of these issues can be dealt with by an indemnity policy, but has anyone ever had any dealing with Bryant Homes to get covenants waived/removed?
Cheers in advance for any help, and I have asked these questions to the Solicitors involved, but being solicitors they move at the speed of slow....!
I'm in the process of buying a property that was built by a developer who's put a number of restrictive covenants on the property. Nothing unusual, but somewhat annoying nonetheless.
1) No caravans/boat trailers. (Might want a caravan in the future)
2) Private motor cars only. (Occasionally bring a van home from work for deliveries)
3) Property only to be used as private dwellinghouse (I'm also self employed and work from home...)
4) Front garden - no hedge/shrub over 2ft (It's about 6ft atm! But we like the privacy given)
5) Front garden - to remain unenclosed (Has a gate/fence all round + hedge! and again, we want to keep that).
6) Not to cause any nuisance (Dennis -v- Davies [2008] held that building work could be a nuisance and blocked a planned extension - and I was planning on altering the garage).
The developer is Bryant Homes Central Limited - now I presume that some of these issues can be dealt with by an indemnity policy, but has anyone ever had any dealing with Bryant Homes to get covenants waived/removed?
Cheers in advance for any help, and I have asked these questions to the Solicitors involved, but being solicitors they move at the speed of slow....!
Fizpop said:
developers often include a covenant like this.our house also has some.they are included so as to keep the development tidy and controlled whilst they are selling houses. In reality covenants would probably not be enacted. And in my experience are often ignored.
i'd imagine that if it was concerning you you could contact the developer to seek to have them removed. But there would be legal costs associated with this.
I am not a solicitor.
i'd imagine that if it was concerning you you could contact the developer to seek to have them removed. But there would be legal costs associated with this.
I am not a solicitor.
Fab32 said:
My understanding of these things is that the builder writes these in so as they are building out the development the place is kept tidy so he can get full value for all the rest of the properties.
If the builder has built the development out and moved on he can't show a loss, so any civil action would be unenforceable as there is no loss.
Your neighbours I believe can try and enforce the covenant but again need to be able to show a loss which is theory is possible depending on what you intend to do.
Yep - that was my understanding also, it's a shame they didn't put a time limit on those conditions - they did on other building work within 3 years of the property being sold initially, and 21 years for access to service stuff (which expires next year)If the builder has built the development out and moved on he can't show a loss, so any civil action would be unenforceable as there is no loss.
Your neighbours I believe can try and enforce the covenant but again need to be able to show a loss which is theory is possible depending on what you intend to do.
Fab32 said:
Moving in and taking the proverbial is not going to make you many friends I imagine
Of course, but that doesn't mean that someone might take against me having building work done, and be sufficiently clued up to cause me some hassle!SLCZ3 said:
Is this a new build?? how old is the house, restrictions on new build properties usually expire after several years, my new build had that no walls at the front of the garden and front garden paving were not allowed for 4 years, so 4 years and one day paving went in and a wall with gate etc.
Caused some agro when I found out the neighbor opposite complained to the builder and the council about it despite having the opportunity to object when planning permission was applied for, and this despite the fact he came across to me and said he had no objection to the wall being built.
Anyway due to his objections during the construction, I was able to install a letter box on the wall which pleased the wife greatly.
Was built in 1995, we'll be the second owners - the current owners bought it from the developer.Caused some agro when I found out the neighbor opposite complained to the builder and the council about it despite having the opportunity to object when planning permission was applied for, and this despite the fact he came across to me and said he had no objection to the wall being built.
Anyway due to his objections during the construction, I was able to install a letter box on the wall which pleased the wife greatly.
SteBrown91 said:
Our road had covenants when built to say the trees planted in each front garden must not be removed. However most have mysteriously disappeared (including ours) and the covenant states nothing about replacing the trees that 'die'.
Yep, I've got that one too!Lurking Lawyer said:
In my experience, once the developer has sold all the houses and ceased to be interested in the site, there's usually not much practical risk in breaches of covenant by homeowners. They're primarily there so the developer can keep the estate looking nice and tidy while they're trying to flog the remainder of the houses.
Other residents could try to enforce them but usually baulk at doing so when they're told how much it's likely to cost them to take it to court.....
So, you MAY be unlucky and find yourself with an arsey neighbour with pockets deep enough to bankroll their perceived point of principle, but more likely you'll get some harrumphing and moaning but little in the way of legal action to stop you doing so.
To borrow from Breaders, IAALBNYL so take your own advice
PS Not all solicitors work at "the speed of slow". If you're paying them a fixed fee to deal with conveyancing, you might start to think about why they're not really incentivised to bust a gut to deal with something that steps outside the norm. I'm not saying it's right, or good service, but it's the reality of paying peanuts.
Yep, I rang Taylor Wimpey this morning (who are who bought Bryant Homes) and they were surprised there wasn't a 5 year "clock" on these restrictions. They seemed rather open to modifying them though. Guess I shall have to see what they say!Other residents could try to enforce them but usually baulk at doing so when they're told how much it's likely to cost them to take it to court.....
So, you MAY be unlucky and find yourself with an arsey neighbour with pockets deep enough to bankroll their perceived point of principle, but more likely you'll get some harrumphing and moaning but little in the way of legal action to stop you doing so.
To borrow from Breaders, IAALBNYL so take your own advice
PS Not all solicitors work at "the speed of slow". If you're paying them a fixed fee to deal with conveyancing, you might start to think about why they're not really incentivised to bust a gut to deal with something that steps outside the norm. I'm not saying it's right, or good service, but it's the reality of paying peanuts.
ging84 said:
You may well have shot yourself in the foot here, note down exactly what was said while it's still fresh and do not contact taylor wimpy again until you have discussed this with your solicitor.
If you start negotiation on getting covenants lifted you may well completely rule out being able to get indemnity insurance for breaching them, which could make the sale impossible if your mortgage lender insists on indemnity insurance for the existing breaches
Ah, well, not bought it yet, the vendor would be responsible for an indemnity on the existing breaches prior to the sale.If you start negotiation on getting covenants lifted you may well completely rule out being able to get indemnity insurance for breaching them, which could make the sale impossible if your mortgage lender insists on indemnity insurance for the existing breaches
Rude-boy said:
Sorry not got the time to do a full run through but suffice to say that in the last 3 weeks I've spent 5 hours refreshing my knowledge on these covenants. (Don't you love CPD!)
Anyway they are all very boggo normal covenants that you see on 99% of development houses.
It is highly likely that a number of them were imposed in the planning and almost certainly the Open frontage will have been down to this, or if on a corner it will be visibility splay requirements.
Your solicitor will be able to discuss your intentions with you can what the likely implications will be. Private individuals do sometimes try to enforce these, but as said the cost is not insignificant.
Building works are capable to causing a nuisance but so long as the neighbours are on side you will not get a peep out of most unless you are the sort who thinks 7am on a Sunday or 10pm on Tuesday is the right time to get that kangoo, hammer or grinder out.
There is also the question of proportionality. I would say that the no working from home covenant is breached by vast numbers of people. A mate ran his Recruitment Consultants, complete with employees, from his home for near on 10 years. There are thousands of E-bay businesses run from private homes that will be subject to this. Etc.
I am not offering you legal advice here, just a few observations to take your research on from. Speak to the Solicitor you have retained and you will get better, more you specific, advice than those that don't know can tell you and than those that do know but have PI to protect are willing to go into on a forum for free.
Yep, thanks for the advice Anyway they are all very boggo normal covenants that you see on 99% of development houses.
It is highly likely that a number of them were imposed in the planning and almost certainly the Open frontage will have been down to this, or if on a corner it will be visibility splay requirements.
Your solicitor will be able to discuss your intentions with you can what the likely implications will be. Private individuals do sometimes try to enforce these, but as said the cost is not insignificant.
Building works are capable to causing a nuisance but so long as the neighbours are on side you will not get a peep out of most unless you are the sort who thinks 7am on a Sunday or 10pm on Tuesday is the right time to get that kangoo, hammer or grinder out.
There is also the question of proportionality. I would say that the no working from home covenant is breached by vast numbers of people. A mate ran his Recruitment Consultants, complete with employees, from his home for near on 10 years. There are thousands of E-bay businesses run from private homes that will be subject to this. Etc.
I am not offering you legal advice here, just a few observations to take your research on from. Speak to the Solicitor you have retained and you will get better, more you specific, advice than those that don't know can tell you and than those that do know but have PI to protect are willing to go into on a forum for free.
It's what I had already figured, and expected, and researched, they're really common, in theory nothing to worry about, and in practice rarely enforced. Just worries me, that's all We shall see what the developer comes back with cost wise, and of course, what my Solicitor's advise is.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff