• Freehold Title - Restrictive Covenants With Unclear Boundaries

    By davemcr on 23rd Sep 2016

    Thinking of purchasing a property which has a Title Absolute however there are some covenants on the charges register

    A Conveyance of the land in this title and other land dated 29 April
    1932 made between (1) xxxxxxxx (Company) and (2)
    yyyyyyyyy and zzzzzzzzzz (Trustees) contains covenants of
    which the following are particulars:
    THE Purchaser thereby for himself and his successors and assigns
    covenants with the Company and their successors and assigns that the
    Purchaser would at all times thereafter observe and perform the
    stipulations and restrictions thereinafter mentioned
    (a) Not to erect or build any erections or buildings on the strips of
    land measuring in width
    (i) 20 feet fronting xxxxxxxx Road aforesaid and 10 feet on the easterly
    and westerly sides respectively of the plot first thereinbefore
    described
    (ii) 16 feet fronting xxxxxxx Road aforesaid and 10 feet and 16 feet on
    the easterly and westerly sides of the plot secondly thereinbefore
    described,
    2
    The land in this title is subject to a perpetual yearly rentcharge of
    £5 created by a Conveyance dated 8 September 1932 made between (1) aaaaaaaaa and (2) bbbbbbbbb.
    The said Deed also contains covenants.

    The plot these covenants apply to are not clear. The plot the house is built on is quite tight to the boundaries to the side and the road. I would want to be able to extend to the side (where there is already a garage) and add a loft room with a dormer window to the rear

  • 1 Answers

    By Guest on 21/11/2016

    Whilst you shouldn't completely ignore these covenants, you shouldn't worry too much about them either. In order to enforce them a person first has to prove that the right to do so has passed to him and second that the objection to your breach is objectively justifiable and not merely malicious. Both these points are often difficult to prove given that the character of the estate will have altered a great deal in the intervening years and the land sub divided and sold off many times.

    You can purchase indemnity insurance against an intended future breach of covenant if you want some added comfort.

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