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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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we have a restrictive covenant on the rear of our house,saying

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we have a restrictive covenant on the rear of our house,saying we can only build a conservatory at the rear of the house,we have built a sun room on the rear which didnt need planning permission.we did ask the the man that put the covenant on our house,in a phone conversation,he said write to him and he would sort it.we wrote to him and sent him a copy of the drawings for the sun room,that was 12 months ago.we have heard nothing back from him.we are now selling our house and wonder,should we have had it in writing,as im not sure where we stand legally thanks
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Did the man say that he would consent to the addition of the sun room?
  • 2. Have you disclosed this to the Seller

Kind regards.

Tom

Customer: replied 3 years ago.
verbally,yes,he saw the plans for it,but he didnt put it in writing to us.2 no we havnt disclosed it to the seller.thanks rich
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

It will be for the seller’s solicitor to make enquiries as to whether you obtained consent from the person who imposed the covenant. If they do not mention it then you will be fine.

If they ask about it they you will have to tell them the situation. They may ask for consent to be confirmed in writing from the person.

I would wait and see if the conveyance for the Buyer raises the issue. You could chase the person for a response now, but if this prompts him being difficult then it could complicate the sale.

If no enquiries are raised and the property is sold to the Buyer then it will become their problem

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6598
Experience: BA (Hons), PgDip, Practising Solicitor
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