covenant on land

[Sheri RM]

Can anyone advise. I have bought a piece of land adjoining my property and would like to build a house on it. It has a covenant which was put in place in 1946 by the owner of a house that also adjoins the land. The covenant restricts building on the land to 2 garages and/or 1 dwelling house (if it is to enable you to operate a fruit/veg/dairy business from the land).

The original detached property that had the benefit of the covenant has now been split into two sperate demi detatched houses (with two seperate owners) and part of the garden was sold in the 1970s and house built on it.

so who now has the benefit of the covenant and would it be enforceable?

Sheri RM

[jodieB]

due to changes, go see a land surveyor who would be able to help you on the legal aspect to the land

[Sheri RM]

I thought it would be an issue for someone with legal knowledge rather than a land surveyor.

[JustinN]

You are right: you need a lawyer, not a surveyor.

The answer depends very much on the wording of the original covenant

Subject to this, if the covenant is potentially enforceable, you have two options:
1: Negotiate a release from the current owners of the land that benefits
2: See if you can get indemnity insurance

Please note: pursuing option 1 will prevent you pursuing option 2, so try option 2 first

Very first of all, speak to a solicitor, showing him or her the exact wording of the covenant

I hope this helps

[Sheri RM]

Thank you for this - it is helping to clarify the issue for me. I read a little on indemnity and if I'm right I have to breach the covenant first?? So if I build a house does the breach occur as soon as a brick is laid or on completion of the build.

is it worth thinking of going to a land tribunal - I don't know much about it, but I'm trying to pre-empt/prevent problems rather than get into hot water

[Richard Webster]

I read a little on indemnity and if I'm right I have to breach the covenant first??

No you don't. The easy to issue/online Restrictive Covenant Indemnity Policies usually require the breach to be 12 months old with no complaints about it, but some insurers will consider bespoke policies for breaches that haven't happened yet - but these tend to be more expensive and minimum premiums tend to be around £700

[Sheri RM]

Thank you the info I have gained from this forum is most useful and has been so quick.

The original benefactor of the covenant (put on deeds of land when sold in 1946) was the owner of a detached house in large gardens, but this is now 3 properties - which one would be the benefactor, the original house is 2 semi's and a third house has been built in the gardens? I was hoping this might mean the covenant was not enforceable.

[JustinN]

It is quite possible that all 3 can enforce the covenant - it depends on the exact wording of the original covenant

[Richard Webster]

It is quite possible that all 3 can enforce the covenant - it depends on the exact wording of the original covenant

Yes. When you come to sell, if you have breached the covenant and don't have an indemnity policy it will be very difficult to prove that nobody can enforce the covenant.

[Sheri RM]

thank you very helpful. I shall get the deeds and read the exact wording.

someone told me that you can access anyone's deeds without them knowing, so I wondered about trying to access all 3 sets of deeds from the adjoining properties - do you think this is possible?