Convenants

[SuperMummy1234]

Hello, does anyone have experience of buying or selling a property with convenants? Thank you.

Covenants are often historic and irrelevant, like not allowing you to keep livestock.
If you need a restrictive covenant removed to sell a property you will have to pay a fortune', usually a third of the value of the property. I speak from bitter experience.

I would suggest that more than 50% of properties are bound by one or more covenants (either positive or restrictive, although these are really the same thing) so the majority of property owners will have the experience which you are asking about.

Covenants may seem irrelevant to you, but may be critical for prospective buyers. For example, a restriction to keep livestock would prohibit a proprietor from keeping chickens.

Don't assume that you can pay to remove covenants as MattMagnolia suggests. This is of course at the discretion of the beneficiary unless the covenant can be proven to be truly obsolete.

You'll need to be more specific. I recently bought some land with a covenant to 'not develop' it. Setting it up was a bit of a pain, months of delay because defining what 'develop' means. Also I wanted an end-date (agreed to 25 years) otherwise these ancient things will be hanging around when irrelevant.

The exact covenant terms are not visible on Land Registry's download service too - I think if you contact them you can get hold of them.

The beneficiary of my covenant is now selling the land so it will need to transfer to the new owners. If / when I sell I will need to pay for whoever buys my land to agree to the convent with next door. Should be a straightforward transfer.

Hi all, thank you for the responses. To be honest I am not entirely sure as I have found it really confusing so hoping my solicitor can help. It seems to refer to works being done to the property - this is my property I am about to sell. I’m ashamed it has come as a surprise to be and I don’t remember it from when we brought the property 18years ago. I’m hoping it isn’t as bad as it seems.

@SuperMummy1234

My house and the other 9 houses in my close have restrictive covernants; such as not being able to change elevation of roof, and not being able to change use of any part of land/ building (so a garden must stat a garden, you cannot for instance convert it to a driveway).

There were lots of them; i read through all of them when buying three years ago, came to the conclusion none bothered me and there would be others i could sell it to who wouldnt be bothered either.

Thank you LookingOptimistic there is still lots in there I don’t understand but I did work out a bit which said if you want modifications you should submit the plans somewhere.

We have covenants on our 30 year old house. They include not being able to park a caravan or motor home or boat or large van on the site.

I’m ok with that, and glad it’s in place because NDN once had a fuck ugly camper home they wanted to park outside our window.

Lol Mayrhofen! We seem to have that one too x

It is not uncommon. Usually the conditions are about the appearance of a group of properties, maybe specific details such as unfenced front gardens, no caravans on drives, modifications to the building. However many are no longer enforceable such as if the developer has gone out of business or they only apply to initial purchaser , but if they are passed on to subsequent owners you may face an issue. If work has already been carried out contrary to a covenant you may be able to get an indemnity policy. Your solicitor should be able to advise.