Covernants

[Orphanblackfan]

Hi,

If there is a covenant on a freehold house where the owner has to ask permission to the land owners to be able to extend, and had been granted it for an extension 20 years ago that was completed, does anyone know whether you have to get permission again for another extension on the same house (planning agreed).

Also if the land owner has changed hands several times, how would you find out who is the current enforcer of a covenant.

Thanks

Hello, yes you would likely need permission again. Land registry keep records so you can access that and find who owns the land now. Or if you know which house on that land just go see them?

If it's your freehold house then that means you are the landowner.

I'm not sure I am the land owner as a covenant is for free and lease holds

You may be the landowner but the covenants still run with the property and transfer over to you.

Covenants are a grey area. The insurance will protect you in the event of enforcement for the existing breach, but not a new breach. You would technically need to get permission from the person with the benefit of the covenant, it depends if they're still around or not or whether they passed the benefit of the covenants to someone else.

If the covenants are old and the person/company with the benefit of them isn't around any more, I would take a view. The likelihood of covenants being enforced is slim to none.

I wouldn't be concerned about it.

Thank you

My solicitor basically said the same.

Mine is exLA and has a covenant to not erect sheds and lean-to etc. It has both. But I want to replace the lean to with a proper conservatory. I asked solicitor and she basically said bit to inform anyone...

Nearly every house along the street has something or other. I've decided not to worry and if I sell, pass on the indemnity insurance