166 thoughts on “Restrictive covenants on property”
We are just looking at our conveyance – and the specific covenants clause of it and have a query. This clause states “For the benefit of the adjoining land belonging to the vendor or the part there of remaining unsold and so as to bind the property hereby convey the purchaser hereby covenant with the vendor and also with the owner for the time being of the land on the east side of the land first described that the purchaser and the persons arriving title under him will hence fourth at all times hereafter observe and perform all and singular the restrictions and stipulations contained in the first schedule.
Can you just clarify for us- the reference to the Land first described – we are presuming this relates to the land described in the clause itself and not something else – so in this case – the land first described is the adjoining land belonging to the vendor or the part there of remaining unsold .
Without sight of the whole conveyance and any attached plan for context it would not be possible for us to give a definite answer to this question. If no other land is described previously in the conveyance your interpretation may be correct but we can’t provide legal advice online based upon the extract provided.
If you would like to instruct us to review your deeds and provide further advice please contact our quotes department.
We have a restrictive covenant over our neighbours property. This dates back to before we owned our house. This neighbours house (a bungalow) was built on land that had been sold by previous owners of our house. One restriction put in place was that the roof space was not to be used for living space. We have just received notification of planning permission that these neighbours want to convert the roof space to a living space. The restricted covenant was put in place in the 1980s. 2 questions; if this covenant likely to still be enforceable? Should our current neighbours (who have recently moved in) have been made aware of this by their solicitors when they bought the property?
Thank you for your comment and apologies for the delay in responding. We obviously haven’t had sight of the relevant documents but it sounds as if the restrictive covenant would be enforceable unless there has been a change in the neighbourhood and the purpose of the covenant is now obsolete and yes, your neighbours should have been made aware of it when you moved in. You could agree to enter into a Deed of Release in return for a compensatory payment.
If you need further advice, please do get in touch with us.
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We are just looking at our conveyance – and the specific covenants clause of it and have a query.
This clause states
“For the benefit of the adjoining land belonging to the vendor or the part there of remaining unsold and so as to bind the property hereby convey the purchaser hereby covenant with the vendor and also with the owner for the time being of the land on the east side of the land first described that the purchaser and the persons arriving title under him will hence fourth at all times hereafter observe and perform all and singular the restrictions and stipulations contained in the first schedule.
Can you just clarify for us- the reference to the Land first described –
we are presuming this relates to the land described in the clause itself and not something else – so in this case – the land first described is the adjoining land belonging to the vendor or the part there of remaining unsold .
Your help would be much appreciated.
Thank you for contacting Cunningtons.
Without sight of the whole conveyance and any attached plan for context it would not be possible for us to give a definite answer to this question. If no other land is described previously in the conveyance your interpretation may be correct but we can’t provide legal advice online based upon the extract provided.
If you would like to instruct us to review your deeds and provide further advice please contact our quotes department.
We have a restrictive covenant over our neighbours property. This dates back to before we owned our house. This neighbours house (a bungalow) was built on land that had been sold by previous owners of our house. One restriction put in place was that the roof space was not to be used for living space. We have just received notification of planning permission that these neighbours want to convert the roof space to a living space. The restricted covenant was put in place in the 1980s. 2 questions; if this covenant likely to still be enforceable? Should our current neighbours (who have recently moved in) have been made aware of this by their solicitors when they bought the property?
Thank you for your comment and apologies for the delay in responding. We obviously haven’t had sight of the relevant documents but it sounds as if the restrictive covenant would be enforceable unless there has been a change in the neighbourhood and the purpose of the covenant is now obsolete and yes, your neighbours should have been made aware of it when you moved in. You could agree to enter into a Deed of Release in return for a compensatory payment.
If you need further advice, please do get in touch with us.