166 thoughts on “Restrictive covenants on property”
Good morning
We put an offer on a property in a neighbourhood which is known for its bad parking and it’s also located to a cricket pitch.
The offer was considered but we were advised that the vendors had placed a covenant on the property that the front and back garden need to remain as gardens meaning the practicality of the property is hindered as well as the resale value.
Unfortunately we’ve had to rescind our offer but I was considering now whether it would be possible to remove the covenant based on it impeding the reasonable use of the land (All of the neighbours have drives and the parking in this area is a problem).
Also, it doesn’t directly impact anyone if we were to install a drive, so there is real no benefit to anyone.
The issue is that knowing these sellers affiliations, they would be very militant in their views which would no doubt mean that it’d be challenged with force.
Thank you for your comment and apologies for the delay in responding. We obviously haven’t had sight of the relevant documents but restrictive covenants only work if they are enforced.
As the company with the benefit of the covenant is now dissolved you would almost certainly be able to have the covenant discharged under Section 84 of the Law of Property Act 1925 although the Tribunal would need to consider if there was any injury to those the covenant was designed to protect. The fact that your neighbours have ignored the covenant would suggest that there is no such injury.
You may also wish to look at indemnity insurance which would protect you in the event of a claim.
I am in the process of purchasing a house and this is detailed on the title deeds. There are no electricity poles currently on the land or anywhere near the estate. Is this anything to be concerned about? Could the electricity company come knocking nearly 100 years later and put poles in the (very small!) garden?
By a Conveyance of the land tinted yellow on the filed plan dated 21 January 1949 “Subject to an Agreement dated the Twenty first January One thousand nine hundred and forty two whereby the South Wales Electricity Board was granted the right to erect and maintain five poles on the said property.” NOTE: No further particulars of the Agreement dated 21 January 1942 were produced on first registration
Also on the deeds is this – The land tinted blue on the filed plan is subject to the following rights reserved by a Conveyance of the land in this title and other land dated 24 March 1981 made between (1) The British Railways Board and 2) (Purchaser):- “Excepting and reserving unto the Board (a) The right to enter on the property for the purpose of inspecting and if necessary in the opinion of the Board of repairing and maintaining any accommodation and other works (including fencing)
– These is no railway on or near the property – would this therefore be classed as obsolete?
Thank you for your comment and apologies for the delay in responding. We obviously haven’t had sight of the relevant documents but restrictive covenants only work if they are enforced and it sounds as if the restrictive covenant you are concerned with will not be enforced as at least one of the entities with the benefit of it no longer exists.
It sounds as if you would almost certainly be able to have the covenant discharged under Section 84 of the Law of Property Act 1925 although the Tribunal would need to consider if there was any injury to those the covenant was designed to protect.
I don’t think that either of these covenants would cause a problem if you were to sell your property.
If you need further advice, please get in touch with us.
Hello, I would kindly appreciate your thoughts on the below please.
It is my intention to install a complimentary to the house solar panel installation which from a planning application standpoint is covered under permitted development and which will also be installed in accordance with the relevant electrical regulations by a certified installer, however, I noticed in my house deeds there is a restricted covenant stating I should ask for permission from the housing estate developer to install solar panels on my property (presumably any house on the estate I expect).
Whilst I am more than happy to do this and have in fact tried, I have been unable to contact the developer as the company has formally been dissolved on the Companies House Register.
In light of the above and given the estate has now been completed for several years and other houses on the estate have also recently had solar panels installed (after the developer/company was formally dissolved) I am minded to go ahead with the installation and when/if the time comes, should I sell my house, demonstrate the genuine attempts I have made to seek permission for what is generally viewed as a positive step but I was unable to achieve.
I am now just wondering what else I could sensibly do to get permission to install my proposed solar panels to enable me to comply with the restricted covenant from a now dissolved company whom presumably have no further interest in enforcing the restricted covenant?
The restricted covenant is quite clear, ‘permission’ should be obtained, but it does ‘NOT’ state solar panels shall not be fitted.
Thank you for your comment and apologies for the delay in responding. We obviously haven’t had sight of the relevant documents but restrictive covenants only work if they are enforced and it sounds as if the restrictive covenant you are concerned with is not being enforced as the company with the benefit of it no longer exists.
As the company with the benefit of the covenant is now dissolved you would almost certainly be able to have the covenant discharged under Section 86 of the Law of Property Act 1984 although the Tribunal would need to consider if there was any injury to those the covenant was designed to protect. The fact that your neighbours have ignored the covenant would suggest that there is no such injury. You and your neighbours could maybe club together to fund an application as disregarding the covenant may cause problems when you come to sell.
You may also wish to look at indemnity insurance which would protect you in the event of a claim.
If you need further advice, please feel free to contact us.
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Good morning
We put an offer on a property in a neighbourhood which is known for its bad parking and it’s also located to a cricket pitch.
The offer was considered but we were advised that the vendors had placed a covenant on the property that the front and back garden need to remain as gardens meaning the practicality of the property is hindered as well as the resale value.
Unfortunately we’ve had to rescind our offer but I was considering now whether it would be possible to remove the covenant based on it impeding the reasonable use of the land (All of the neighbours have drives and the parking in this area is a problem).
Also, it doesn’t directly impact anyone if we were to install a drive, so there is real no benefit to anyone.
The issue is that knowing these sellers affiliations, they would be very militant in their views which would no doubt mean that it’d be challenged with force.
Thank you
Thank you for your comment and apologies for the delay in responding. We obviously haven’t had sight of the relevant documents but restrictive covenants only work if they are enforced.
As the company with the benefit of the covenant is now dissolved you would almost certainly be able to have the covenant discharged under Section 84 of the Law of Property Act 1925 although the Tribunal would need to consider if there was any injury to those the covenant was designed to protect. The fact that your neighbours have ignored the covenant would suggest that there is no such injury.
You may also wish to look at indemnity insurance which would protect you in the event of a claim.
If you need further advice, please feel free to contact our Civil Litigation team.
I am in the process of purchasing a house and this is detailed on the title deeds. There are no electricity poles currently on the land or anywhere near the estate. Is this anything to be concerned about? Could the electricity company come knocking nearly 100 years later and put poles in the (very small!) garden?
By a Conveyance of the land tinted yellow on the filed plan dated 21 January 1949
“Subject to an Agreement dated the Twenty first January One thousand nine hundred and forty two whereby the South Wales Electricity
Board was granted the right to erect and maintain five poles on the said property.”
NOTE: No further particulars of the Agreement dated 21 January 1942 were produced on first registration
Also on the deeds is this –
The land tinted blue on the filed plan is subject to the following rights reserved by a Conveyance of the land in this title and other
land dated 24 March 1981 made between (1) The British Railways Board
and 2) (Purchaser):-
“Excepting and reserving unto the Board
(a) The right to enter on the property for the purpose of inspecting and if necessary in the opinion of the Board of repairing and maintaining any accommodation and other works (including fencing)
– These is no railway on or near the property – would this therefore be classed as obsolete?
Thank you for your comment and apologies for the delay in responding. We obviously haven’t had sight of the relevant documents but restrictive covenants only work if they are enforced and it sounds as if the restrictive covenant you are concerned with will not be enforced as at least one of the entities with the benefit of it no longer exists.
It sounds as if you would almost certainly be able to have the covenant discharged under Section 84 of the Law of Property Act 1925 although the Tribunal would need to consider if there was any injury to those the covenant was designed to protect.
I don’t think that either of these covenants would cause a problem if you were to sell your property.
If you need further advice, please get in touch with us.
Hello, I would kindly appreciate your thoughts on the below please.
It is my intention to install a complimentary to the house solar panel installation which from a planning application standpoint is covered under permitted development and which will also be installed in accordance with the relevant electrical regulations by a certified installer, however, I noticed in my house deeds there is a restricted covenant stating I should ask for permission from the housing estate developer to install solar panels on my property (presumably any house on the estate I expect).
Whilst I am more than happy to do this and have in fact tried, I have been unable to contact the developer as the company has formally been dissolved on the Companies House Register.
In light of the above and given the estate has now been completed for several years and other houses on the estate have also recently had solar panels installed (after the developer/company was formally dissolved) I am minded to go ahead with the installation and when/if the time comes, should I sell my house, demonstrate the genuine attempts I have made to seek permission for what is generally viewed as a positive step but I was unable to achieve.
I am now just wondering what else I could sensibly do to get permission to install my proposed solar panels to enable me to comply with the restricted covenant from a now dissolved company whom presumably have no further interest in enforcing the restricted covenant?
The restricted covenant is quite clear, ‘permission’ should be obtained, but it does ‘NOT’ state solar panels shall not be fitted.
Any thoughts most gratefully appreciated.
Thank you for your comment and apologies for the delay in responding. We obviously haven’t had sight of the relevant documents but restrictive covenants only work if they are enforced and it sounds as if the restrictive covenant you are concerned with is not being enforced as the company with the benefit of it no longer exists.
As the company with the benefit of the covenant is now dissolved you would almost certainly be able to have the covenant discharged under Section 86 of the Law of Property Act 1984 although the Tribunal would need to consider if there was any injury to those the covenant was designed to protect. The fact that your neighbours have ignored the covenant would suggest that there is no such injury. You and your neighbours could maybe club together to fund an application as disregarding the covenant may cause problems when you come to sell.
You may also wish to look at indemnity insurance which would protect you in the event of a claim.
If you need further advice, please feel free to contact us.