UK Property Law
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Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.
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Thank you. Unless the covenants formed part of a building scheme (i.e. covenants which were imposed by a developer on your property and a number of other properties that were built in the immediate vicinity of your property as an "estate scheme" then the wording of the covenants at entry 1 of the Charges Register is insufficient to bind you as the new owner under the decision in Crest Nicholson v McAllister which rules that in order to a covenant to benefit from statutory annexation and bind successors in title (i.e. you) it must clearly identify the land that benefits in words in the covenant.
This is a personal covenant between two parties with no mention of benefiting land so it will not bind you under statutory annexation.
In order to rule out a building scheme it would be worth obtaining the title deeds of a few of your immediately neighbouring properties to ensure that the same covenants have not been imposed on your immediate neighbouring properties. This is only at all likely if your immediate surrounding houses are of similar design to yours suggesting that they may have been developed by the same developer as part of an estate development.
Subject as above the covenants would not appear to be enforceable.
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That will be correct. Development schemes are generally pretty obvious visually in that they can apply when developers built a scheme of properties. The modern equivalent would be a Taylor Wimpey or Bovis Homes development such as you see being built all over the place. Generally the houses will be of a similar style in the immediate area. Building schemes do not always apply in these circumstances but they can do. If there are not a number of similar houses to yours in the immediate area, then no building scheme will apply as there is clearly very unlikely to be an "estate" that was developed and here you even no the history which makes it even less likely.
Accordingly the position will be as able that the covenants will not be enforceable under statutory annexation and should not bind you as a successor in title.
Has the above answered your questions satisfactorily?
A pleasure. And you
On the basis the covenants do not appear to be enforceable I do not consider this would be necessary but it would give you additional coverage in the unlikely event the Court of Appeal decision was overturned. This is unlikely but not impossible. You would need to get a bespoke policy though for future development.