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Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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WHAT DOES THE TERM PERSONAL COVENANTS BY THE TRANSFEREE

Resolved Question:

WHAT DOES THE TERM 'RESTRICTIVE COVENANTS BY THE TRANSFEREE' MEAN?
1.NOT WITHIN A PERIOD OF 5YEARS OF THE DATE HEREOF
1.1 TO MAKE ANY MATERIAL STRUCTURAL EXTERNAL ALTERATIONS OR ADDITIONS TO THE DWELLING
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

It means that the person who is to be transferred the property is not permitted to do that specified in the covenants (ie. the alterations referred to).

 

Restrcitive covenants are promises made by the person buying the property to the person selling the property and are usually made to developers so that the developers can ensure continuity of surrounding houses and so make the remaining properties yet to be sold more marketable.

 

The developer can enforce the covenants against people who have bought properites.

 

If this is 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

Customer: replied 4 years ago.
so does that mean that if I wanted to attach a conservatory to my property I wouldn't be allowed to do so?
Expert:  Thomas replied 4 years ago.

It means that you cannot do so for five years starting from the date of the transfer (ie the date you completed the purchase of the property. If you do the transferor (ie. the person who sold you the house - I assume developer) may apply to Court for order to compel you to take it down. You would have to do so and you would be liable for their costs for making the application.

 

Sorry it could not be better news.

 

If this clarifies, please click accept.

 

Kind regareds.

 

Tom

Customer: replied 4 years ago.
I'm sorry, just 1 last Q. the property is now over 10 years old so the restrictions should be void should they not?
Expert:  Thomas replied 4 years ago.

If they are subject to a five year time limit and there are no other covenants that could restrict it and that time limit has expired then they will not be able to enforce the covenant against you because there is no breach.

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6534
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you

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