What are Restrictive Covenants & How Can They Affect You? (UK Property)

[@nickvincent3029]

Also depends on whether there is mutual enforceability of covenants (neighbour v neighbour) on each other and can sometimes be ignored if no one is able to enforce the covenant, that is, deceased or gone out of business.

[@TruthAngelx]

Just found out the vendor wants me to weed regularly, paint the house regularly, no porch to be built, no shed above small ones, no business to be run, only a single family to live there ( I want to do air bnb), do nothing that transferer might find a nuisance ??!! etc etc, looks like the sale won’t be going ahead wtf!

[@Nyny.1000]

Oh dear, sometimes I see nice properties sitting on the market for ages and I often conclude they have vendors such as you're experiencing, involved. They want to both benefit from the sale and continue to essentiallt control the property as an owner. It's amazing isn't it?!

[@ChefCateringLeeds]

@@Nyny.1000 yes:-) I wonder how it conflicts with common law, the right to enjoyment of ones property free from harassment & the right to be left alone etc.

[@bredatinaforever]

Thank you!

[@MoveiQ]

You're welcome!

[@Arbricks2345]

Hi, what does a covanent mean on a lease hold property that you are buying,can you have work done inside the property like having the eall skimmed having kitchen done and also have the ceilings boarded up and skimmed or do you have to ask the leaseholders permission before having work done or is it jus for structural? Thanks

[@cricket_my_passion]

Thank you sir 😊

[@Irraticdriving]

Hi Phil I am a single lady seen a coach house hopefully buy advertised as freehold have looked at some land registry search the solicitor doing check I have a few restrictive covenant s On the pdf land registry Such as No caravan but not got one Fence certain height no problem Key into garden has a door No pub built No problem less noisy But if wanted a bathroom upgrade or a kitchen upgrade not extension Or new doors new windows Ot mew radiators boiler Or roof cleaned or new roof or different colour door or front garden mowed as garden is shared with 2 doors mine and neighbour garage none Or a small shed in garden Parking In street loft not seen?

[@justin.trading]

Been in touch with property developer to ask about size of roof as considering solar panels, they came back saying they could not help me. They went on to say I should check hand over paperwork and ensure I have relevant planning, building control and their approval. I have found a document that says there are restricted covenants at the property. Other properties on the estate have put them up no problem. May be a case they just put them up. How enforceable are they. I don’t see anything specifically mentioning solar panels by name. What I see is a restriction and adding to or structural alterations to the property. I see that as being fixed items like conservatories which others have put up too, not necessarily solar panels which may be temporary like a garden shed for instance. The house was sold years ago and they are no longer on the estate, think something like this may have been put in place whilst they were selling onsite. But now they are gone should I be worried? They asked my address before telling me this which is why I am worried. I called up the solicitor who did the sale and they said that it’s nothing to do with them and to contact the solar company.

[@Morning_Rays]

Covenants run with the land, but to remove them do you have to contact the original owners? What if the covenant were 100 years old and original owners aren’t there anymore or if original land owners have sold their property to new owners.

[@lewis4929]

Hi Phil. I am about to purchase a new semidetached home and had planned to convert the detached garage into an annexe for my mother to live in who is elderly and has a few health issue. I was going to do it in a way that kept the aesthetics intact, by keeping the garage door and by putting a side door on garage which leads into the back garden. So basically, neighbours would not be affected or even notice the build changes. In the contract, I see a restrictive covenent to not use the garage for anything else other than a garage for five years. This has thrown a spanner in the works, and I'm unsure what to do at this point. Would I have a shot at being able to get the covenent removed? Or should I inform the solicitor. The house is almost built, so this is a quick turn around. Therefore I doubt the solicitor will be that helpful if I now ask if I can get written permission for this, as they will want the house to go through ASAP. Thanks so much for your help.

[@Angela-cc1hd]

Apparently all ex council houses sold off years ago all have these restrictive covenants!

[@robewins333]

hiPhil, my father was approashed by a large corprate builer, offer to purchase his house for a tidy sum, he acceptedm but they agreed to a Covenant, restrive 25 years, 15 years has passed and now he wants tro sell, and has asked for the covenant to be rmoved, my father has since passed and i am his beneficiary

[@nigelhelen1519]

Hi Phil, our solicitor explained that planning permission can override some parking covenants?

[@juliewhitehead9165]

Hello Phil, my neighbour has a restrictive covenant not to build to the front of his house. Both our gardens are below the level of the highway but he's dug down approx 10ft to build a garage and intends to put bedrooms above and join to the main house. This has left our garden 'suspended' as he has not built a retaining wall. Planning have passed the garage (not the bedrooms) and have not instructed him to build a wall to retain my garden, they have also ignored my comments about the restrictive covenant. Who enforces the RS?

[@mikehartley3234]

Phil, thanks for the great explainer video.....I have pebble dash on my property and want it removed...its an old cottage (200 years old) so we believe its an add on. A covenant on the property says we can't make 'structural alterations'....does pebble dash removal count as 'structural'?

[@MoveiQ]

Worth checking with your solicitor

[@willpowert1746]

I have a RC on my Garden,.I recently built a Block outbuilding under premitted development, I've been told I have a RC by my architect and I found in my deeds I have this, do I need to knock down the building. Thanks

[@Abdula786_]

You can take out a premium one off insurance usually only a couple hundred pounds if it's a old restrictive covenant and the claimants are the original developers and you are unable to get in contact with them

[@hoofbags]

Some covenants have an expiry date. I think mine is for 80 years. That date might be from 1946 or 1962. Both dates are listed in the title deeds, so is ambiguous. This might be a waste of time as Phil doesn't seem to answer these questions anymore. Worth a try, I suppose. 🙂

[@MoveiQ]

Hi - what is your question and we will try and assist?

[@hoofbags]

@@MoveiQ hello. My issue is the difficult way our restrictive covenants are worded. I've perused legal documents before and I realise that these kinds of documents need to be written in this way to avoid ambiguity. There are a few different dates made reference to in the title deed to my house, the earliest is 1948. There are other dates: 1962 and a few others, which seem to infer a covenant expiry. I'm happy to pay for a consultation with a legally qualified person but I've no idea who to approach, with this in mind. Lawyers have differing areas of expertise, or do I consult UK land registry? Is there a fee for this? Nobody I have asked so far has any clue. Many thanks, and very informative channel! 🙂

[@carlyyates4236]

Hi is this still open for questions?

[@MoveiQ]

You can find lots of answers to any property question on our website moveiQ.co.uk

[@lazaroisern8032]

It's like an hoa.