COREdevelopments
|
| posted on 21/4/10 at 09:18 PM |
|
|
OT Restrictive covenants
Hi all. Sorry for the Off topic question but I am in need of some help. I am in the process of buying a an ex local authority house which comes with a
small plot of land to the side of it. Which i thought was great as its perfect to build a garage upon.
However the solicitor has told us that there is a restricted covenant on the small plot of land which states it is to be used for "garden use
only and no buildings to built."
Now this has really burst my bubble as the house is just what we are looking for and love it. Are there any ways around the stupid restriction and can
it be removed? I know this is a long shot but I need help.
Any answers are most welcome.
thanks
Rob
[Edited on 21/4/10 by COREdevelopments]
|
|
|
|
|
Benzine
|
| posted on 21/4/10 at 09:21 PM |
|
|
Is the 'buildings' thing anything like woodland laws where you are allowed temporary structures like sheds, shipping containers (anything
without foundations)? idk
|
|
|
rayward
|
| posted on 21/4/10 at 09:22 PM |
|
|
can you get away with the "temporary garden structure" thing if its made from wood?, some very nice timber garages available
hth
Ray
|
|
|
Paul TigerB6
|
| posted on 21/4/10 at 09:24 PM |
|
|
Depends if its properly drawn up really. You'd need specialist legal advice so try and get hold of a copy of the covenant and see what your
solicitor says (or if he knows of a specialist in the field)
|
|
|
COREdevelopments
|
| posted on 21/4/10 at 09:25 PM |
|
|
Does not say anything about what type just no buildings to be built. Thing is i actually want a timber garage with a concrete base. but to be honest i
will even go for a wood base if need be.
I have a copy of the covenant and the deeds of the plot. I am trying to sort out some action. Only trouble is we want the house but will be
dissapointed if the restriction is not removeable.
Rob
[Edited on 21/4/10 by COREdevelopments]
|
|
|
blakep82
|
| posted on 21/4/10 at 09:26 PM |
|
|
solicitor would be the best person to tell you. you'll have to pay him though...
i think it depends on who put it there (most likely the council since its an ex council house) and the reasons why (keep the council property looking
tidy for example) it may be something they're happy to remove now, but a solicitor is the person to do it
________________________
IVA manual link http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081997083
don't write OT on a new thread title, you're creating the topic, everything you write is very much ON topic!
|
|
|
COREdevelopments
|
| posted on 21/4/10 at 09:33 PM |
|
|
Yes i believe the council put it there. and it was only back in 2005. The garage i wanted there would be like a timber lodge. also other people have
built garages on their properties. as for apperances most of the houses are timber clad ones which was done by the council when the houses were built
back in the 60's!
The private ones have been rendered.
thanks
Rob
|
|
|
ravingfool
|
| posted on 21/4/10 at 11:49 PM |
|
|
duh, why aren't you asking your solicitor? this is part of the job of conveyancing. even if you're using some shower of factory
conveyancers like countrywide they should be advising you fully on the restrictions and implications of buying that property.
in fact they should have asked you specifically if you have any plans for alterations or developments so as to be able to best advise you.
|
|
|
COREdevelopments
|
| posted on 22/4/10 at 06:36 AM |
|
|
Yes we have asked them but it is only yesterday we found out. Will find out more today hopefully, just really stressed at the moment. These solicitors
cost enough as it is!
Rob
|
|
|
iank
|
| posted on 22/4/10 at 07:38 AM |
|
|
It is possible to get the removed, but depending on circumstance and whether the person/council who put the covenant in place are agreeable with
waiving it it can cost a lot of money.
See http://www.ebuild.co.uk/forums/messages/3404/10886.html for more information of the process and links for find out more.
In your case the first place to start since it was put on in 2005 will be the council.
[Edited on 22/4/10 by iank]
--
Never argue with an idiot. They drag you down to their level, then beat you with experience.
Anonymous
|
|
|
Guinness
|
| posted on 22/4/10 at 10:41 AM |
|
|
There are a couple of restrictive convenants on our house, but as they date back to when it was built (1894) I'm not too worried that the
original developer or landowner will come back to haunt me.
But as yours was put in place so recently and by an organisation that still exists, I'd be surprised if you could get it lifted.
If I'm honest, I'd be looking towards the incompetancy / ineffiecency of the local council to get round it.
Is there any timescale between the development taking place and them enforcing the covenant? I think it's seven years for planning permission
(i.e. build it, and if they don't spot that you don't have PP in seven years it's too late). Wonder if there is a similar wording
in the covenant.
I'd also consider sending them some paperwork to get it lifted, answering in the negative, so "if you don't respond in 14 days
we'll consider it lifted?" I doubt it would even see the right persons desk in 14 days?
Obviously a solicitor / planning agent with experience in this area would be the best person to contact.
http://www.restrictivecovenants.co.uk/excouncilhouses.shtml
Alternatively could you put a big hedge around it? 
|
|
|
tomprescott
|
| posted on 22/4/10 at 11:39 AM |
|
|
quote:
Originally posted by Guinness
Is there any timescale between the development taking place and them enforcing the covenant? I think it's seven years for planning permission
(i.e. build it, and if they don't spot that you don't have PP in seven years it's too late). Wonder if there is a similar wording
in the covenant.
That loophole has been tightened a bit I think, I saw a program where a bloke who bougt a farm made a massive hollow pile of straw bales and builot a
replica castle underneath, then took the bales away after a few years and no-one could contest it so they changed the laws.
A bird in the hand....
|
|
|
JoelP
|
| posted on 22/4/10 at 06:54 PM |
|
|
quote:
Originally posted by tomprescott
quote:
Originally posted by Guinness
Is there any timescale between the development taking place and them enforcing the covenant? I think it's seven years for planning permission
(i.e. build it, and if they don't spot that you don't have PP in seven years it's too late). Wonder if there is a similar wording
in the covenant.
That loophole has been tightened a bit I think, I saw a program where a bloke who bougt a farm made a massive hollow pile of straw bales and builot a
replica castle underneath, then took the bales away after a few years and no-one could contest it so they changed the laws.
i believe he had to pull it down on appeal, because they decided that removing the bales was the final act of building the house, thus it hadnt been
finished for 4 years etc.
I have a vaguely similar problem myself, i bought a house that was excouncil, demolished all the internal walls to make it a 4 bedder, then realised
that i should've got planning permission and building regs too. Think i'll just finish and rent it out til i retire (in 40 years time
 ) 
|
|
|
COREdevelopments
|
| posted on 22/4/10 at 08:16 PM |
|
|
Thanks guys. My girlfriend has been in touch with the local authority and they are looking into in for us. I knew some of you would have an idea about
it. Cheers, feeling a bit better about it now.
thanks
Rob
|
|
|
