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Covenants

8 replies

Fennelandlovage · 02/10/2020 11:08

Hello, just finalising my purchase and got the deed through which seems to have reams of convenants. 1930s semi outer London. Who owns these covenants now/ who could enforce? So much has changed in how we live. It says no outbuildings may be built but with a 90 foot garden I had hoped to be able to put a garden office at some point. Also says no trade from the home but like so many I work from home now. Urgh. Any advice - can they be overturned if other neighbours with same and we agree? Anyone any experience with this?

OP posts:
Notyetthere · 02/10/2020 11:16

We are buying a 1930s house too and it has this same covenant. The neighbours pretty much in all directions have various out-buildings including the one we are buying and they have had them for a long time. We are ignoring it and carrying on. We plan to replace the shed that is currently in place with a bigger one.

Fennelandlovage · 02/10/2020 11:29

Ok good to hear - that’s what my oh think we should do too.

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Notyetthere · 02/10/2020 12:13

I asked our solicitor about it and the reply I got was,

"Is there a shed in place? If so and in view of the age of the covenant it is extremely unlikely we will know who now has benefit of it. If you are replacing a shed like for like I can't see there being an issue."

pilates · 02/10/2020 12:22

Is there anyone that could enforce the covenants?

Is the company/person still in existence?

I doubt it 90 years ago! It wouldn’t bother me.

loutypips · 02/10/2020 13:19

Can you purchase insurance against the covenants?

Fennelandlovage · 02/10/2020 13:54

Thanks. Yes two massive sheds at end of garden but I would Like to replace with something rather more building like. Yes it looks like I could maybe get insurance - it seems to depend on the wording covenant. Going to have another look at the wording. There’s just so much of it. 😩

OP posts:
pilates · 02/10/2020 14:10

Your solicitor should be able to advise re: the covenant insurance policy and whether it is suitable.

Roowig2020 · 02/10/2020 14:54

We had a similar issue with our 1930's home though we were the sellers. Solicitor was able to get indemnity insurance pretty quick but our buyers pulled out due to the Covenant. I hope we get a more sensible buyer like you next time!

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