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Buying a house with covenants

65 replies

MrsMaryBOOface · 12/05/2020 19:25

Has anyone done this? We've found a house we love, but the vendors have moved next door and have made a load of rules. I don't want to spend a fortune (deposit and mortgage) to feel like we are under their eye... Has anyone else done this??

OP posts:
nowaitaminute · 13/05/2020 21:34

Mmmm...the caravan one wouldn't bother me as such but the window one would, I don't like frosted glass at all...I don't have any in my bathrooms.

Honeyroar · 13/05/2020 21:34

I know two people that have sold things and created covenants. They’ve both had court cases and aggro because the buyers tried to alter things. They’ve won and the rules were upheld, but it’s been hugely expensive and created a huge atmosphere and rows between the neighbours. I’d avoid unless they’re really things you agree with and wouldn’t want to change.

fartyface · 13/05/2020 21:38

Can you put a covenant that if the new owners sell off part of the garden for development then you get a percentage?

Honeyroar · 13/05/2020 21:42

In both the cases I’ve mentioned the people who set up the covenants are pretty self centred and I’d not want them as neighbours.

jajaja123 · 13/05/2020 21:44

@fartyface I'm sure you can! You can even put in a covenant to say they CANNOT build in the garden at all (or within a certain timeframe)

pilates · 13/05/2020 21:45

The two you heave stated are not unreasonable covenants imo, so wouldn’t put me off.

GindependantWoman · 13/05/2020 21:47

What room is the it that requires a frosted window? Surely only bathroom windows are frosted? That's unreasonable if not.

I wouldn't buy as things can go wrong during the purchase process that you cannot control but may build ill will between you and they will be your neighbours forever. They will also judge everything you do to the house.

cstaff · 13/05/2020 21:51

I presume the frosted windows only applies to a bathroom or the top of the stairs. If a bedroom is part of it I would run.

MrSheenandMe · 13/05/2020 21:55

Covenants are really common and cannnot be enforced unreasonably.
My last house had covenants that prevented the house being used as a commercial premises, prevented additional building, prevented caravans, prevented us having an extension that overlooked the main house. All these were reasonable. We had no trouble selling ten years on.

PeppermintPasty · 13/05/2020 21:55

@fartyface, yes. It’s called overage, the most stupid and painful thing a client can request, and I for one usually tell them overage clauses won’t work, they are generally a nightmare for all concerned. Not impossible, but a nightmare.

Certainly when I’m acting for a buyer I usually flat out refuse to entertain any overage rubbish from a seller’s solicitor.

LBOCS2 · 13/05/2020 21:56

My house has a covenant that I can’t run a pub from it!

So does ours!

Covenants are really usual in property purchases - as long as they're not unusual or unenforceable then I wouldn't be too concerned. At our last property we weren't allowed to use our garden as a smallholding 🤷🏼‍♀️. Here we can't sell liquor or keep a goat. They ruin all my fun.

overtly · 13/05/2020 22:03

@jaja chancel liability I believe it's called, we had it on a previous property.

MinnieMountain · 13/05/2020 22:26

@PeppermintPasty of course clients read our title reports Hmm

sunshinesupermum · 14/05/2020 22:18

They will be the neighbours from hell. There's always another house OP!

weepingwillow22 · 15/05/2020 10:47

The covenants you mentioned sound reasonable. I would talk to your potential neighbours to get a feel for what they are like and whether you would be happy to live next door to them. I guess there is always a risk that if they are selling off their property they might feel an ongoing attachment to it and resentment at you for making any changes.

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