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we have purchased a house which was built on land sold by an

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we have purchased a house which was built on land sold by an estate in 1971 and at that time there was a restrictive covenance in place which says: The purchasers hereby jointly and severally covenant with the Vendor for the benefit of her adjoining Stockeld Park Estate and each and evry part thereof capable of being benefitted hereby and so as to bind the property into whosoever hands the same may come...Not to erect on the property hereby conveyed or any part thereof any building or buildings whatsoever other than in accordance with plans already approved by the Wetherby Rural District Council until a drwing showing a plan and elevation of such building or buildings shall have been submitted to and approved in witing by the Vendor or her surveyor such approval not to be unreasonably witheld. 1. We have planning permission to renovate the bungalow including new windows and loft conversion, do we also need to seek permission from the Estate. The original vendor is deceased.
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

DearCustomer

 

Thank you for your question.

 

If you have exhausted all reasonable efforts to gain a release from the covenants from the estate then you should consider obtaining a restrictive covenant indemnity insurance to cover the liability of the future breach (ie. your works). For example, were you to sell the property the purchaser's solicitors would ask for such a policy (in the event that consent was not obtained).

 

If you google "restrictive covenant indemnity insurance providers" you will be able to make inquiries with insurers. They will need a copy of the wording of the covenant, the nature of the contemplated breach, the date the covenant was imposed and details of the steps you have taken to contact the person with the benefit of the estate.

 

They are relatively cheap (approx £150 depending on the value of your property) and the benefit can be passed on to your successors in title. You will also need to contact your lender to gain their approval of the policy.

 

You also have the option of apply to the Lands Tribunal to either modify or be released from the covenant, though this is quite an expensive and slow process.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

 

 

Kind regards,

 

 

Tom

Thomas, Lawyer
Category: UK Property Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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