The important thing to remember about restrictive covenants is that they ‘run with the land’. This means that they are applicable to all future purchasers of the property and not just the original purchaser. If you are thinking of buying a house therefore, it is imperative that you instruct your conveyancing solicitor to examine the property deeds thoroughly and to flag up the existence of any covenants before you close the transaction as once the title deeds are signed you will be held accountable for any incurred breaches.
There is a list of restrictions that you must observe and perforce and these are detailed in then Deeds which are detailed in the Transfer of Part These restrictions are self explanatory but we would particularly draw your attention to relating to alterations and extensions to the Property.
It is very important that this is observed as if Consent is not obtained at the time of the alterations or extensions being carried out this could cause problems if you decide to sell the Property. Please note these are over and above the usual planning and building regulations consents you may have to obtain as these are Deeds Consents
When you come to sell you will be asked to read your covenants and confirm you have not breached them if you have breached any of them you may be asked to provide an indemnity policy to your buyer. Similarly if we believe your seller has breached any covenants in this title we will be obtaining a policy on your behalf.
Not to change or extend the exterior with the original builder’s permission if the original builder no longer exists you may have to provide a breach of covenant indemnity on sale as the responsibility vests with the Crown All
outbuildings whether temporary or permanent need permission and plans should be submitted to the original builder for permission Extensions
and garages must be built in same style and brickwork of original construction
Heights of fences (usually 3 feet at front and 6 feet at rear unless otherwise stated)
Do not carry on a trade from the property
No outbuildings other than sheds/greenhouses (& not of corrugated iron)
TO pay the freehold service charges when it is a managed estate
Not to keep pigs poultry or pigeons
Not to deposit rubbish in managed/public areas
Not to build over any sewers or drains
Do not sell liquor from the premises
Only a private dwelling can be built
Cannot use the property for anything noxious or offensive
Porches and bay windows cannot extend at the front beyond 4 feet
To keep gardens clean and tidy
Not to hang washing where it can been seen from the road
Not to block access with vehicles
Not to park commercial vehicles or caravans on the driveway No advertising hoardings
Not to create any new roads or access’s
Not to alter existing trees or shrubs
Not to alter without consent No satellite dish at the front
To pay a proportion of any shared access
To pay shared costs of any drainage