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Property/DIY

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Seeking permission from vendor for extension

2 replies

GenuineLeatherBelt · 16/08/2023 21:30

Might be a stupid question. I'll be asking our conveyancer tomorrow but just to put my mind at ease in the meantime...

We're in the process of buying a semi that we'd like to extend. The house was built by a popular developer in the 80s. Owned by one person since then who has now passed. The Title stipulates that any building on the property must be done with consent of the vendor (developer in this case). Would this apply even now? The Title does say It seems odd to me that we'd have to ask for permission from the development company 30 years later. Any insight welcome!

OP posts:
MikeWozniaksMohawk · 16/08/2023 21:33

We tried to do this with the developer of our house, maybe 15 years after it was built and we bought it from the original purchaser. And they are also the freeholder. No one knew who we needed to actually contact at the company for permission and despite promises someone would come back to us no one ever did! We’ve kept all the attempts at contact just in case.

redastherose · 16/08/2023 22:27

Restrictive Covenants run with the land so yes they do still apply. It is possible that the company still exists but it's unlikely. If the company does exist they you can ask permission for the alterations, however if that company no longer owns any land which can benefit from the covenant then there is case law that has said that enforcement is not possible. The usual best thing to do is ask your conveyancer to obtain an indemnity insurance policy which would protect you against someone coming out of the woodwork and trying to enforce the covenant and makes it easier to sell your property with the extension. They don't cost much.

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