Restrictive Covenant - can I build dwelling in garden?

[pate_ponty]

Hi, I am new to this, but thought I would give it a go. I am buying a property which has a large garden to the side which would be big enough to build a 3 bed detached dwelling. I do not wish to sell this for profit, but rather allow my elderly parents to build a house next door and for them only to pay for the build. I have had a look at the Title Deeds and there are 2 covenants that I am not sure if they could prove a problem if we were to proceed with the build. The covenants say (I have copied them exactly, no punctuation has been left out):

'That no structure whatsoever shall without the consent in writing of the Company be erected or constructed upon any garage comprised in the Proprty which adjoins the dwelling comprised therin'

'That no part of the Property shall be used for any purpose other that as or incidental to a private dwelling'.

The 'Company' has been taken over as the orginal builders have ceased to exist and were taken over by persimmon homes. Would I need to approach Persimmon homes for permission or does the 1st covenant only relate to the attached garage?

I would be so pleased if someone could give me their interpretation of this, and also if anyone has any experience of gaining permission from Persimmon homes, is it an easy process? also would it be costly?

Thanks so much

[buildingplans]

It sounds like you are Ok but you should talk to your solicitor. I have heard that some of these construction companies charge silly money just to give the OK, give them a ring first and ask the question. Your main problem will be getting Planning approval for the additional dwelling.

[Property all-rounder]

Hi.
Just a thought - the restrictive covenant specifically relates to construction ON the garage. It would appear that - if you've written the covenant out correctly - that it doesn't apply to your plans.
It was quite likely that the developer was wanting to prevent people from building on top of the garage for structural reasons.

Of course you will want to potentially run this by your solicitor/conveyancer but I have worked in the property industry for over 13 years and have seen this covenant several times. Furthermore, I have specifically been a conveyancer for over 5 years (although currently out of work!).

Take care,

Neil.

[pate_ponty]

Thanks both for the advice. Since reading your replies, we have been to see a solicitor who has confirmed what you have said, that the convenant relates to the garage and not to the land, so things are looking up.... just have to convince the neighbours that it is a good idea! thanks very much.

[hoiusserv]

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