In breach of a covenant

[Landrover]

If for example there was a house nearby and the new owners are breaking a covenant on it what would happen to them ?

 

[Nearly]

ag tag?
very little, unless the council find out.

 

[Landrover]

No not a ag tie, just a new near neighbor seems to be turning there garage into another dwelling when part of the planning restrictions and was a covenant on the deeds was that it wasn't to be anything other than a garage, not that it affects me but the hoops I had to jump though to get planning makes me interested in what others seem to be able to get away with !

 

[ISCO]

Council won't have been aware of the covenant on the property unless an objector brought it to their attention. Even then they may still pass plans as lots of land has such a covenant which is then removed for money.
The enforcement of the covenant is a matter for the person with the benefit of the covenant who can choose to ignore, enforce or ask for payment to remove or modify.

 

[bobk]

Covenants and planning aren't connected , that's between the freeholder and the covenantor, basically he could get planning but not be able to sell it until the covenant is cleared ie paid up

 

[teslacoils]

If the covenant doesn't benefit you, then the "best" you can donis bring it to their attention. As said, they may already know and £££ may have been exchanged.

 

[Bongodog]

Are you sure its a covenant and not a planning restriction ? Over the past few years the Govt have gradually relaxed the planning system by giving property owners "permitted rights" these allow small extensions etc without the need for planning permission. Councils sometimes then put a condition on the planning permission that permitted rights will not apply in this particualr instance.

 

[Formatted]

Are you sure its a covenant and not a planning restriction ?

Covenant are enforced by courts not planning, it would be impossible for a planning officer to properly research all the covenants potentially against a property

 

[Landrover]

It's definitely a covenant, as the property used to belong to my aunt, and it was in the sale particulars

 

[bobk]

It's definitely a covenant, as the property used to belong to my aunt, and it was in the sale particulars

There has to be a time limit on a covenant

 

[Frank-the-Wool]

It's definitely a covenant, as the property used to belong to my aunt, and it was in the sale particulars

There are two issues here.
One is the planning which doesn't appear to have been applied for.
The other is the restrictive covenant which may have included an uplift clause to the property if it was developed.
A word with a good solicitor and a copy of the Covenant.

 

[Landrover]

All I know is that there's definitely a covenant on for no change of use and that in the original planning for the house it was for a single dwelling plus a detached double garage and there has been no planning permission sought for the property. I know I'm being a bit of a nimby but it took me two years of fight to get planning for my house and I hate to see people doing what they want after the fight I had to build my house !

 

[ISCO]

There has to be a time limit on a covenant

Covenants do not need time limits provided they are properly reserved for the benefit of neighbouring land.

 

[bobk]

Covenants do not need time limits provided they are properly reserved for the benefit of neighbouring land.

It does on freehold property

 

[Bongodog]

It's definitely a covenant, as the property used to belong to my aunt, and it was in the sale particulars

The covenant must have been put in place by a previous owner to your aunt when they sold the property. Usually it is a person who owns the adjacent land and places the covenant to protect the property they are retaining. It is highly likely that whoever presently owns the adjacent land controls the covenant.

It does on freehold property

Covenants never expire they pass on with ownership of the land/property. If a seller imposes a covenant when selling adjacent land the benefit of it passes to all future owners. The only way out of a covenant is a shed load of cash.

 

[bobk]

The covenant must have been put in place by a previous owner to your aunt when they sold the property. Usually it is a person who owns the adjacent land and places the covenant to protect the property they are retaining. It is highly likely that whoever presently owns the adjacent land controls the covenant.


Covenants never expire they pass on with ownership of the land/property. If a seller imposes a covenant when selling adjacent land the benefit of it passes to all future owners. The only way out of a covenant is a shed load of cash.

Nearly all of that is incorrect

 

[mo!]

Nearly all of that is incorrect

My lawyer (a specialist in this area) says it's all correct.

 

[bobk]

My lawyer (a specialist in this area) says it's all correct.

My barrister says not .

 

[Frank-the-Wool]

My barrister says not .

That is why legal advice costs so much!!!!

 

[bobk]

My lawyer (a specialist in this area) says it's all correct.

A covenant is an article to uplift the value of property , it's a negotiation , but it has to be formulated according to law .
That's why it has to have parameters on time and % of uplift .