After building a low wall around my front garden, I found I might have a restrictive covenant preventing me from doing it. If it was an eyesore I'm sure someone would have reported it by now, and I don't plan selling - which is when problems may arise.
Oh, and keep an eye on the I Have A Question thread, as this is surely where this post will be soon.
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Not really in my field as it doesn't have four wheels and belch fumes but in one of my many books:
You can challenge a restrictive covenant by applying to lands Tribunal, but it is emphasised to seek a solicitor's advice first.
A tribunal can modify or release from RC if
It has become obsolete through changes in character of property/neighbourhood or for some other material reason.
It is impending reasonable use of the land and either secures no practical benefits of substanbtial value or advantage, or is contraybto the public interest.
None of the persons whose land benefits from it will suffer and they have all agreed - infrrred from their acts or ommissions.
Compensation can be awared by Land Tribunal to the covantee.
Step forward David(HM) and others with more barin power that yours truly but I would suggest that from the onset this is a metter for the wigged ones.
DVD
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Go to the brief that handled your purchase. Have you had/need planning consent ?
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We had a house built on allotments with a restrictive covenant which said only three bungalows could be built, but 1 bungalow and 3 houses were built. We had to take out £1,000,000 worth insurance in case it was ever challenged, the person who made the covenant was never traced, despite steps being taken, which is why the insurance was taken by the developers, as the houses would have to be demolished if he found out!
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I am told by my local council that i need PC however they will initially accept rough sketches ( drawn to scale) that show what you are thinking about doing. As long as the quality is reasonable they give a response in writing ( £30+VAT) and will identify anything that needs to be corrected on the actual plans before they are submitted. However, before i submit my drawings i thought i'ld check our paperwork and it was then i came across this RC. I assume that the council will not be able to see our RC but it is pointless me to submit initial drawings to build a 26 foot wide extension if the RC says it can only be 20 ft wide.
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I would, as ever, endorse DVD's advice that this is a matter for lawyers. Although notionally a tribunal the Lands Tribunal is much closer to a court than say a Parking Appeal or Social Security Tribunal. Most parties are legally represented and there is a power to award costs on the winner pays loser basis that prevails in the courts. Not a field for he fainthearted.
If you want to "bone up" the standard legal textbook on the subject is Preston & Newsom?s Restrictive Covenants Affecting Freehold Land, probably available from a decent reference library
There may also be some useful information on the Lands Tribunal website at www.landstribunal.gov.uk
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"extend beyond the front face"
This is possibly a problem, covenent or no. Are you saying that you wish to build beyond the front line of your house? Is yours one of a few houses?
If so you are building beyond the "building line" and as such will have severe problems getting it through planning permission.
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Certinly round here, it is extrememly rare to get planning permission to build in front of the standard building line.
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That's why I asked the question.
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The covenant and planning permission are entirely separate issues.
I am guessing that contacting your solicitor or whoever would benefit from the covenant (likely to be the original developer or his successor) would answer your question. I am not a lawyer either.
You would almost definitely need planning permission as it comes forward of the front building line of your property.
I would suggest ringing the Council and speaking informally to a planning officer, who should be able to give some general advice and may be able to confirm if you need planning permission over the phone (I would expect them to be a bit vague, however, especially if they think you might not). If they don't, ask if they have any supplementary planning guidance on house extensions and, if not, what Local Plan policies are in place. This should give you an idea about what may/may not be acceptable.
This website is also very good for some general advice and has many local plans from around the country: www.planningportal.gov.uk.
Good luck
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As AJS has said; do not confuse Planning Permission with permission from the beneficiary of the restrictive covenant.
The RC is very recent and it is unlikely that the Lands Tribunal will ease it under any circumstances. They may do so for money, but the beneficiary will almost certainly object probably on the grounds of 'good estate management' - a reasonable defence if the area is recently built and they want it to remain tidy. Also they may have obligations to other owners and do not want to be in breach with them.
Chat to the planner, but be aware that it is very unusual to obtain consent to extend forwards unless there is a good reason for doing so and it look right. There are many precedents for it, but mainly shop fronts projecting forwards by a couple of feet under a flat roof, and probably done decades ago; on a modern housing estate - highly unlikely unless you were filling in a portion between a projecting garage and a bay window.
The Lands Tribunal will take account that PP has been obtained, but it does not force their at all.
Speak to a specialist property lawyer - if you purchasing lawyer is a conveyencer he may be able to help - also go to see a chartered surveyor who will aoso be able to assist initially and prepare a breif for a case to the LT.
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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I do a spot of development, here's my 2p worth.
The planners will take no notice of the covenant. That said, you need to ensure that you will breach the covenant or risk it being enforced. As Espada III has mentioned, it's quite a recent covenant so it's likely to be relevant.
Going to the Land Tribunal may be jumping the gun. Find out who has the benefit (it should say on the Land Registry entry) and consider sounding them out. You may be pleasantly surprised, but then again maybe not. Assess the likelihood of the covenant holder spotting your development. If it's a neighbour, they will probably be consulted and probably witness the development first hand. You may be able to negotiate the covenant out, but you will have work out how much it is worth to you.
As for planning, before you submit (and this depends where you live), find out if the parish council has a planning guy. They will be consulted and sometimes can be a nuisance, so best to get these people on your side beforehand. Ditto residents association / conservation trust if you are in conservation area.
Good luck!
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The covenant and planning permission are entirely separate issues
Yes - I know that but if the Planning Permission is going to be a major (insurmountable) issue there's no point spending a packet on the covenent problem.
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I know this is not motoring related
Hence why it's been moved here.
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"Now i,m no lawyer, and this is full of lawyer "speak" so does this covenent restrict me from building beyond the front face of my house?"
I'm not a lawyer either, but having re-read the covenant that you have posted it appears to be one of those covenants that attempts to control development on the estate in other words a "don't do anything to affect the neighbourhood" covenant.
It does not explicitly restrict you from building, but it does require you to get the consent of whoever has the benefit of the covenant to do so.
Therefore, before you go for planning, find out who has the benefit of the covenant and sound them out. That would be my first port of call.
You don't say whether or not you are on an estate, but if you are then the covenant holder is likely to be the original developer, or their successor.
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I can concur with a couple of answers here.
We are in the process of buying a property that is subject to a restrictive covenant prohibiting an extention in the back garden. This was a condition of sale of some land at the back of the property to the owner of the house itself.
We have been advised by our solicitor to contact the beneficiaries of the covenant prior to doing anything, should we wish to extend, which won't be in the short term.
He even drafted the wording in a letter that he felt they should sign should they agree to it. In our case I suspect the current owners of the benifiting properties don't even know of its existence.
His advice that a letter from the current owners, relaxing the covenant, maybe restricting the size of the extention, would suffice. We are considering proposing an extension of the same size of the one two doors down, which will give the beneficiaries a visable benchmark.
H
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