That sounds like a most unusual restrictive covenant indeed. We do not think we can even begin to provide general guidance on the position without spending a bit of time trying to understand the situation.
We suggest that you get in touch with us in order to provide more detail, so we can consider the matter with you and how it may be resolved.
About 15 years ago we purchased a plot of land (3 acres) adjacent to our current property from a neighbour. The land is classified as agricultural land and we agreed we wouldn’t build on it and a covenant was added.. We bought it to protect the land from development ourselves. However, our circumstances have now changed and we would like to build a bungalow in 1/3 of the land to move into ourselves and sell the current house we live in. The lady we bought the land off passed away a number of years ago. Does the restrictive covenant die with her or do her beneficiaries now own the covenant?
A restrictive covenant, if correctly drafted and registered at the Land Registry will be binding on all future owners. It does not disappear when the original parties pass away. A restrictive covenant attaches to land and not to an individual.
You will probably find that on reviewing the wording of the restriction, it expressly states that it is intended to benefit the retained land and bind all future successors title (or wording to this effect). In layman’s terms, this means that it attaches to the parcels of land in question for the benefit of the land and it’s future owners.
It might be the case that the neighbour’s estate is prepared to agree to a new building but they do not have to.
I am thinking of buying a site which is adjacent to my own property. The other side of the site is more fields (no more houses). We have no plans to build another property beside us as it would restrict our view. However, the vendor wants to sell the site with a covenant restricting the building of any dwellings. Would this stand forevermore? The only thing that worries me is if, when I am dead and gone, my children or grandchildren (if I ever have any) want to build a property – would the covenant still be in place in 100 years time or does it only usually stay in place for a set number of years? If it was still in place in 100 years, for example, would my grandchildren have to contact the vendors’ descendants to get the covenant removed?
The short answer is “yes”. A restrictive covenant does not expire after a period of time but it does depend on its wording and whether or not it can be said to have been intended to bind future successors in title (“owners”, in layman’s terms).
Whether or not an old restriction remains binding on future successors in title is often the subject of litigation. Restrictive covenants can become obsolete, depending on the circumstances of the matter but this is not generally something that should be relied upon when deciding whether to proceed with a purchase or not.
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I own a property with a restricted covenant which means I cannot sell without express permission of the named individual on the covenant.
We are estranged and there is no communication between each party – How would I go about resolving this matter?
Any hints or tips?
Thank you for your comment.
That sounds like a most unusual restrictive covenant indeed. We do not think we can even begin to provide general guidance on the position without spending a bit of time trying to understand the situation.
We suggest that you get in touch with us in order to provide more detail, so we can consider the matter with you and how it may be resolved.
About 15 years ago we purchased a plot of land (3 acres) adjacent to our current property from a neighbour. The land is classified as agricultural land and we agreed we wouldn’t build on it and a covenant was added.. We bought it to protect the land from development ourselves. However, our circumstances have now changed and we would like to build a bungalow in 1/3 of the land to move into ourselves and sell the current house we live in. The lady we bought the land off passed away a number of years ago. Does the restrictive covenant die with her or do her beneficiaries now own the covenant?
Thank you for your comment.
A restrictive covenant, if correctly drafted and registered at the Land Registry will be binding on all future owners. It does not disappear when the original parties pass away. A restrictive covenant attaches to land and not to an individual.
You will probably find that on reviewing the wording of the restriction, it expressly states that it is intended to benefit the retained land and bind all future successors title (or wording to this effect). In layman’s terms, this means that it attaches to the parcels of land in question for the benefit of the land and it’s future owners.
It might be the case that the neighbour’s estate is prepared to agree to a new building but they do not have to.
I am thinking of buying a site which is adjacent to my own property. The other side of the site is more fields (no more houses). We have no plans to build another property beside us as it would restrict our view. However, the vendor wants to sell the site with a covenant restricting the building of any dwellings. Would this stand forevermore? The only thing that worries me is if, when I am dead and gone, my children or grandchildren (if I ever have any) want to build a property – would the covenant still be in place in 100 years time or does it only usually stay in place for a set number of years? If it was still in place in 100 years, for example, would my grandchildren have to contact the vendors’ descendants to get the covenant removed?
Thank you for your comment.
The short answer is “yes”. A restrictive covenant does not expire after a period of time but it does depend on its wording and whether or not it can be said to have been intended to bind future successors in title (“owners”, in layman’s terms).
Whether or not an old restriction remains binding on future successors in title is often the subject of litigation. Restrictive covenants can become obsolete, depending on the circumstances of the matter but this is not generally something that should be relied upon when deciding whether to proceed with a purchase or not.