Restrictive covenants
Discussion
Hi all,
We currently have a path down the side of our house which is part of our plot, and I would like to extend the ground floor out over it with a glass roof. This should have the benefit of giving us a larger ground floor and let more light in.
The problem I have is that I live on an estate of ~20 houses which all have similar appearance, and we have a restrictive covenant imposed by the original developers in the early 90s. Our house is at the end of a row of terraces, and offset with a separate roof - so although the houses look similar, they are not all uniform/identical.
The extension would be reasonably innocuous in that the windows would face the sky (and not looking at anyone's property), and would be ground floor only, with a bush/flower bed along the wall.
The covenant in our deeds specifically is:
Has anyone had experience of doing building work in similar circumstances? If I wanted to seek permission to extend, who would I have to ask if the developer hasn't existed for 25+ years?
Many thanks for any advice on this.
Nick
We currently have a path down the side of our house which is part of our plot, and I would like to extend the ground floor out over it with a glass roof. This should have the benefit of giving us a larger ground floor and let more light in.
The problem I have is that I live on an estate of ~20 houses which all have similar appearance, and we have a restrictive covenant imposed by the original developers in the early 90s. Our house is at the end of a row of terraces, and offset with a separate roof - so although the houses look similar, they are not all uniform/identical.
The extension would be reasonably innocuous in that the windows would face the sky (and not looking at anyone's property), and would be ground floor only, with a bush/flower bed along the wall.
The covenant in our deeds specifically is:
deeds said:
New buildings:
a) Not at any time to erect or suffer to be erected any buildings walls fences or other structures on the Property (save for any future replacements of existing buildings, screen, walls or fences).
b) Without prejudice to paragraph 3(a) of this schedule not to make or suffer to be made any material alteration or addition to the external appearance of the buildings walls fences railing and other structures now on the property or to alter or suffer to be altered the external decorative scheme of the property and such buildings, walls, fences, railing, and other structures thereon from that which exist at the date hereof.
I think the developers went under shortly after the houses were built, and the land is freehold. a) Not at any time to erect or suffer to be erected any buildings walls fences or other structures on the Property (save for any future replacements of existing buildings, screen, walls or fences).
b) Without prejudice to paragraph 3(a) of this schedule not to make or suffer to be made any material alteration or addition to the external appearance of the buildings walls fences railing and other structures now on the property or to alter or suffer to be altered the external decorative scheme of the property and such buildings, walls, fences, railing, and other structures thereon from that which exist at the date hereof.
Has anyone had experience of doing building work in similar circumstances? If I wanted to seek permission to extend, who would I have to ask if the developer hasn't existed for 25+ years?
Many thanks for any advice on this.
Nick
Edited by NickXX on Monday 29th July 15:08
IANAL - but property law around this stuff has been my day job for 30 years
If other plots have the same covenant it means you are looking at a "Scheme of Development" covenant. This is enforceable by any other property on the development.
Further, the developer may have retained some land, even a tiny amount like a ransom strip, freehold of a substation etc. This would mean that his successors in title are also beneficiaries of the covenant.
The question then, is would anyone actually try to enforce? The only way to be sure would be to ask everyone for permission, if they intended to enforce they would need to deny you permission at that point, otherwise an attempt to enforce my be estopped.
Plus, you are likely to need planning permission. Many developments in the last 20 years or so may have had permitted development rights removed.
If other plots have the same covenant it means you are looking at a "Scheme of Development" covenant. This is enforceable by any other property on the development.
Further, the developer may have retained some land, even a tiny amount like a ransom strip, freehold of a substation etc. This would mean that his successors in title are also beneficiaries of the covenant.
The question then, is would anyone actually try to enforce? The only way to be sure would be to ask everyone for permission, if they intended to enforce they would need to deny you permission at that point, otherwise an attempt to enforce my be estopped.
Plus, you are likely to need planning permission. Many developments in the last 20 years or so may have had permitted development rights removed.
We have similar covenants on our house which was built early 90's.
We're supposed to apply to the covenant holder for such things as erecting a conservatory or extending.
All the houses on this side of the road also purchased ten metres of land to extend the gardens and the conditions attached to that agricultural land and buildings only.
Out of 14 houses on our development three, including ours, have conservatories. One has converted their garage into a room. One has built a bay window on their living room.
And one got planning permission changed for the extra bit of land to garden and then extended his house onto it.
The builders still exist, but is a dormant company that is now owned by a large national house builder.
No one's ever contacted them for permission and they've never tried to enforce the covenants.
We're supposed to apply to the covenant holder for such things as erecting a conservatory or extending.
All the houses on this side of the road also purchased ten metres of land to extend the gardens and the conditions attached to that agricultural land and buildings only.
Out of 14 houses on our development three, including ours, have conservatories. One has converted their garage into a room. One has built a bay window on their living room.
And one got planning permission changed for the extra bit of land to garden and then extended his house onto it.
The builders still exist, but is a dormant company that is now owned by a large national house builder.
No one's ever contacted them for permission and they've never tried to enforce the covenants.
Davey S2 said:
The chances of enforcement are slim.
Indemnity insurance should be available but given the covenants are relatively new it would attract a higher premium.
Indemnity insurance will probably be conditional on no objections to planning on covenant grounds. It can be harder to obtain on scheme of development covenants, particularly recent ones. Plus it’s not a panacea. (The last bit is a quote from my old Group Legal Director). Indemnity insurance should be available but given the covenants are relatively new it would attract a higher premium.
Roo said:
We have similar covenants on our house which was built early 90's.
We're supposed to apply to the covenant holder for such things as erecting a conservatory or extending.
All the houses on this side of the road also purchased ten metres of land to extend the gardens and the conditions attached to that agricultural land and buildings only.
Out of 14 houses on our development three, including ours, have conservatories. One has converted their garage into a room. One has built a bay window on their living room.
And one got planning permission changed for the extra bit of land to garden and then extended his house onto it.
The builders still exist, but is a dormant company that is now owned by a large national house builder.
No one's ever contacted them for permission and they've never tried to enforce the covenants.
Anecdotal though. I have seen such covenants enforced and have enforced my own. We're supposed to apply to the covenant holder for such things as erecting a conservatory or extending.
All the houses on this side of the road also purchased ten metres of land to extend the gardens and the conditions attached to that agricultural land and buildings only.
Out of 14 houses on our development three, including ours, have conservatories. One has converted their garage into a room. One has built a bay window on their living room.
And one got planning permission changed for the extra bit of land to garden and then extended his house onto it.
The builders still exist, but is a dormant company that is now owned by a large national house builder.
No one's ever contacted them for permission and they've never tried to enforce the covenants.
blueg33 said:
Anecdotal though. I have seen such covenants enforced and have enforced my own.
Very true.But in a lot of cases the covenants are to make sure the development looks nice whilst the remaining plots are sold and are rarely enforced when the development is completed and all units have been sold.
Roo said:
We have similar covenants on our house which was built early 90's.
We're supposed to apply to the covenant holder for such things as erecting a conservatory or extending.
All the houses on this side of the road also purchased ten metres of land to extend the gardens and the conditions attached to that agricultural land and buildings only.
Out of 14 houses on our development three, including ours, have conservatories. One has converted their garage into a room. One has built a bay window on their living room.
And one got planning permission changed for the extra bit of land to garden and then extended his house onto it.
The builders still exist, but is a dormant company that is now owned by a large national house builder.
No one's ever contacted them for permission and they've never tried to enforce the covenants.
When these modified properties have been bought & sold has the issue of breaching the covenant not been raised by the various solicitors & conveyancers?We're supposed to apply to the covenant holder for such things as erecting a conservatory or extending.
All the houses on this side of the road also purchased ten metres of land to extend the gardens and the conditions attached to that agricultural land and buildings only.
Out of 14 houses on our development three, including ours, have conservatories. One has converted their garage into a room. One has built a bay window on their living room.
And one got planning permission changed for the extra bit of land to garden and then extended his house onto it.
The builders still exist, but is a dormant company that is now owned by a large national house builder.
No one's ever contacted them for permission and they've never tried to enforce the covenants.
sparkythecat said:
ScotHill said:
It would be interesting to see a graph of the number of covenants set up over time, plotted against the number of covenants enforced - then it just might be possible for someone to find the arc of the covenant.
I suspect that First Title Indemnities have already done that and banked the proceeds
IMO Title Indemnity insurance is mostly money for old rope, by the time you have satisfied the insurer yu are confident yourself that there is no risk. We take out policies only to satisfy purchasers solicitors.
I have claimed once on a title indemnity (issue with intensifying a RoW), the insurers paid out £22k to pay off the land owner who had the RoW. Over the years I have probably spent £4m on title indemnity policies.
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