Title deeds

[Charlieb]

We are in the process of buying a house. However the deeds restrict development of the house. The house was built in 1973 and is a bungalow with an attached garage. We would like to put a floor on it and get rid of the garage to make a study. How do you go about lifting the restriction on the title deeds? Suppose to be exchanging next week and this is a deal breaker!

Thanks

[Richard Webster]

You will probably need planning permisison to add another floor. have you checked that this will be forthcoming?

As far as the deeds are concerned if someone else's consen tis required for alterations to the bungalow then you will either have to get their consent or obtain a restrictive covenant indemnity policy (not available if you have contacted the person able to enforce the covenant) or you can apply to the Lands Tribunal to have the covenant removed as unnecessary and redundant - that will cost a lot, you probably won't succeed, and take a lot longer than a week!

As a conveyancing solicitor I believe the information given in the message to be useful (assuming the property is in England/Wales) but I accept no liability except to fee-paying clients.