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House purchase - restrictive covenants |
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#1 |
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Forum Member
Join Date: Nov 2007
Posts: 429
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House purchase - restrictive covenants
I am in the process of purchasing a freehold detached house which I know I want to build an extension on.
The extension would fall under permitted development from a planning point of view. The problem I am having is that the property has a restrictive covenant dating back from 1960s which states “not to erect any additional walls fence or other erection whatsoever in or on the boundaries of the open garden”. Looking at a birdseye view online I can see that 13 out of 18 houses in the street have extended in one way or another (porch / built over garage / rear extension / conservatory / mixture of those). These other houses were presumably built by the same builder and I would assume they would have the same restrictive covenants. Has anyone had any experience of wanting to build when a restricted covenant is in place? I believe you can take out restricted covenant indemnity insurance against anyone making a claim against you but as I would be the owner of the freehold, I don’t know who could even make a claim? |
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#2 |
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Forum Member
Join Date: May 2009
Posts: 6,798
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Might be a bit obvious but have you been to ask any of your new neighbours?
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#3 |
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Forum Member
Join Date: Oct 2006
Location: Brighton, UK
Posts: 9,427
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That reads to me as if it only covers the boundaries and you could build within them.
Regardless, the covenant will be with another party or parties. If they can be traced they may be prepared to relax the covenant. You would be unlikely to be able to get insurance unless an attempt had been made to find them, and if they were found and refused to help insurance wouldn't be an option. |
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#4 |
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Forum Member
Join Date: Nov 2007
Posts: 429
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Solicitor has confirmed that the restrictive covenant only covers the front of the property and not the rear which is where we would be looking to extend. phew
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