covenants on my land

[jonnie84]

Hi still in process of seeling my house now the buyers solicitor has come up with a covenant that

"no temporary buildings can be erected on the land"

So they are arguing that one of my sheds is breaking this covenant..I have one which is a standard 10' x 12' shed which they say is fine... the other is about 14' x 14' tiled roof, concrete base ,footings, UPVC window and door power for lights and sockets etc but they say they're not happy with this.

I have just offered to tear this down if it'll complete the sale..just waiting to hear from my solicitor..

Surely a shed isnt classed as a temporary building??

And anyway covenant goes back to 1934!! Anyone know who regulates these?
Thanks Jon

 

[DevilDamo]

If it doesn't have it's own footings, slab, etc... then I would say that could be classed as a temporary building because you wouldn't go to the extent of doing all the groundworks for a temporary building.

 

[Blagard]

Whilst the solicitor is doing his job to raise the issue, the real world effect of such an old covenant is probably nothing at all. Assuming you are not in a national park area, conservation area and the like I would not let it get to you.

The link below may give you a better idea of where you stand, especially if the structures have been up for some years!

http://www.landregistrydeeds.co.uk/...Covenants/canienforcearestrictivecovenant.htm

 

[noseall]

... the other is about 14' x 14' tiled roof, concrete base ,footings, UPVC window and door power for lights and sockets etc but they say they're not happy with this.

.....a fair old shed that...

Is it carpeted, heated, tenants etc....

 

[jeds]

Who is this covenant with? If it's with the developer how old is the development? It's normal for developers to include covenants in original sale details but these usually expire after a period.

 

[jonnie84]

Yeah it is a fair size...dog used to make carpet dirty sign just vinyl on the floor now....

The covenant is with the original owner of the land who was Lord..something or other...but this was before the houses were built and it was an orchard....back in 1930

Will see what solicitor says on Tuesday..

Thanks for all your input

Jon

 

[debsvip]

A restrictive covenant is enforceable by the beneficiary of the covenant who is identified in the Conveyance creating the covenant usually as being the successor in title to land which has the benefit of the covenant. It is possible that the land which has the benefit of the covenant is not included/identified in your 1934 Deed in which case it might be considered unenforceable. There are other things which need to be present in the deed creating the covenant in order for it to be enforceable. Your Solicitor should be able to advise.
You can get restrictive covenant indemnity policies to cover these situations too.

 

[dhutch]

When I was buying my house my solicitor found a similar covenant from when the house (ex council) was sold into private ownership which prevents 'temporary buildings and garages' or something. And the house at had (and a still has) a large metal temporary double garage at the end of the garden. He highlighted at the time that it was very unlikely that it would be called in as many of the other houses have sheds/garages and it has been there a few years (although not, as the seller proclaimed, since before he moved in).

The closing solution, given if nothing else, the garage was one of the attractions, was for the seller to pay for indemnity cover should anyone object, to cover the removal and making good, as well as the devaluing of the house for its removal. I don't know how much that was, but apparently there not silly money.


Daniel