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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7503
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir / Madam,I have not used this JustAnswer before

Resolved Question:

Dear Sir / Madam, I have not used this JustAnswer before so I'm not sure how much it costs, so perhaps you could let me know bofore answering my question realting to the following: I am planning on buying a caravan at keeping it on the front drive of my house but when I checked the Title Deeds there appears to be a restriction. Perhaps you can give me an e-mail address so that I can send the relevant extract? Many thanks Yours sincerely XXXXX XXXXX ....THE TITLE DEED SPECIFICALLY STATES IN THE CHARGES REGISTER: "Caravans Boats and Vans: Not to park or to keep temporarily or permanently any boat caravan or mobile dwelling of any kind whatsoever on the property or any part thereof without the consent of the Vendor".  I can supply more from the Deeds if required but it would be easier if you gave me your e-mail address.  Thanks....I guess the key question is 'If I gained the consent of the Vendor would this be an acceptable workaround, and if so how can I get in contact with the Vendor, as only a name is XXXXX XXXXX the Deeds?'
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.
Hi Stephen,

You have paid a deposit to the site for this question. A portion of that money transfers to me only when you click accept. I do not know if you have paid for a one off question or on a subscription package, but can refer to the mods once we are finished.

Can you please let me know when this covenant was placed on the property?

Kind regards


Tom
Customer: replied 5 years ago.

Hi Tom,

 

The Charges Register section states that "A transfer of land in this title and other land dated 1st March 1990 made between (1) Brain Raymeond Payne and (2) Simon William Herman and XXXXX XXXXX (Purchasers) contains the following convenants:"...

Expert:  Thomas replied 5 years ago.
Ok.

Do those persons still live on the street?

Kind regards,

Tom
Customer: replied 5 years ago.

Sorry for the delay in getting back....No, they were the previous owners of this house and my wife and I purchased it from them back in Nov 2006.

 

kind regards

 

steve

Expert:  Thomas replied 5 years ago.
Steve,

If you can find the previous owners and get there consent to the modfication of the covenant to allow you to put your caravan there then this is a solution. Tracing them, as you identify, is a bit of a difficulty obviously.

If there are in the area and notice the caravan then they could still enforce the covenant against you or charge for the modification or removal of the covenant.

You could apply to have the covenant modified by the Lands Tribunal, but this process is expensive, length and with no appreciable guarantee of success.

You could take your chances and bring the caravan on to the property in the hope that they do not notice. The other owners of the properties in the vicinity could apply to court to ask that the covenant is enforced so I would consider taking their thoughts before bringing it on to your property.

Unfortunately, it's going to be a bit of a judgement call for you; likelihood/inconvenience of enforcement VS utility of having it there, but you have correctly identified that a release from those person who imposed the covenant would be the water-tight legal way forward.


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 and 3 other UK Property Law Specialists are ready to help you
Customer: replied 5 years ago.

Hi Tom,

 

Thanks for the detailed answer. Just a couple of quick follow-up points of clarification:

 

a) Please confirm that it is only the Previous Owners (i.e. the 'Purchasers'), and not Mr. Payne (the 'Vendor'), who can grant 'consent to the modfication of the covenant'.

 

b) Would the Previous Owners be within their rights to ask for payment for their conset, and for that matter for me to pay them for it (this a hypothetical question).

 

c) Is there anything that I can do if the Previous Owners refuse to give their consent?

 

many thanks

 

Kind regards

 

steve

Expert:  Thomas replied 5 years ago.
Steven,

The original persons who imposed the covenant are the only persons who can release you from it. If the covenant was imposed in a conveyance/transfer then it is the seller in that transaction that can release you from it.

b) That person is entitled to be compensated by you if you request a release

c) IF they propose to charge an unreasonable fee or refuse altogether then they only other way to have it released/modified is via the land tribunal (see above)

Kind regards,

Tom
Thomas and 3 other UK Property Law Specialists are ready to help you