Restrictive covenant

[JenJen91]

Found dream house however now weeks away from completion and it has been discovered that there is a restrictive covenant. Absolutely floored by this news, and have no idea what to think.

Developer of the house lives close by and owns land beside the house.

Do you know if these tend to include aspects such as fencing/walls/gates?

We have no plans to extend, however there is a conservatory that I would perhaps like to someday square off and make into a proper garden room. Is this something we would need to run by the developer before doing? We also have plans to make the garden safer with fencing, it is currently very open.

Has anyone experienced issues with similar? Should we run a mile from a house with restrictions? I wish we had of known sooner.

It depends what the restrictions are.

I have a restrictive covenant on my house: not allowed to render animal carcasses or make tallow on the premises.

Hasn’t posed a problem yet.

What does the covenant say?

We can't keep pigs.

Depends entirely on the detail of the covenant.
I'm moving somewhere with a long list - but none of them are a concern to me.

We can't keep chickens or grow our hedges higher than 4 foot (noone told the hedge that though)

I'm not allowed to keep peacocks or use as a house of ill repute. I have no idea what previous experiences the builder had to make those covenants. Also the house was built in 1890 so I suspect whoever has the right to enforce has long since passed...

it has been discovered that there is a restrictive covenant

Should we run a mile from a house with restrictions?

Loads of houses have restrictive covenants of some sort, millions and millions.

Depends what they are specifically, and how likely it is to affect you while living at the property.

As others have said depends on how old the house is and what the covenant is.

I worked in conveyancing and I still laugh about the leasehold flat with one to say they couldn't have a roundabout, house on wheels or boat on their balcony

My parents can't run a dancehall.

I'm waiting to see the full document but the 2 the solicitor mentioned on the phone seem to be along the lines of;

	preventing buildings or other substantial structures from being erected on a section of land or
	preventing trades or businesses from operating on the land.

As well as no farm animals etc, and maintaining garden. Those are fine but the first is the one that worries me.

As whatever they've said exactly basically is saying we cannot knock the house done and build again (fine), or extend. Also no plans to extend but I would like to convert the conservatory as I said, and I just not sure I feel comfortable having to ask permission, incase we don't get it.

preventing buildings or other substantial structures from being erected on a section of land or preventing trades or businesses from operating on the land

Developer of the house lives close by and owns land beside the house.

I suspect the main aim of these covenants is that the developer doesn't want anything overlooking or negatively impacting the land they own adjacent to the property you are buying.

Sometimes the phrase "not to be unreasonably withheld" is included.

My parents had one - they couldn’t run a house or I’ll repute 😂
and not allowed to tether horses or cows outside

if the person who has imposed the covenant lives next door, can’t you go and ask them what it means. You should be able to ask them to clarify the buildings constraints in the covenant.

Yours seems more relevant and enforceable than the funny victorian ones. I would take it as read that you can't build. Whether that is feasible or not for you it is a valid restriction and I would expect it to be factored into your valuation

You need to see the wording of the covenant

@CountryCob yes hoping to see it asap, waiting on copy being sent over.

can't figure out if things like erecting fencing, updating existing conservatory would be an issue.

Also, as you said, I'm now reconsidering the value of the house. We don't plan on extending, however had discussed the possibility further down the line as this is very much a "forever" house. And without that option perhaps we would need to sell, and then this become an issue for our buyers and so on.

I had one on my last house- said I wasn't allowed to extend without planning permission, even if the extension was within permitted development. So even though I was well with my rights to build a small conservatory normally, I had to get full planning approval! Wasn't a big issue though and went through fine. Some of them seem to have been put in place many years ago and aren't really an issue- could be all manner of things so wouldn't worry too much!

One place I lived we were not allowed to keep chickens (someone opposite did and nobody bothered), or put up fences at the front. Or turn the house into a public house. In fact, every property in the entire village was banned from selling the demon drink- same for all the surrounding land. Apparently way back in history there had been a pub/pubs, there was a drunken brawl and someone got stabbed. So the landowner at the time put a covenant on all the land, village and adjacent land, that stopped anyone ever being able to sell booze on it, one the grounds that if the locals couldn't hold their liquor, they ought not to have a pub. And that covenant was still enforceable, as the land and property was sold on, even on houses not built at the time.
I don't recall anything about running a house of ill fame, though......priorities, priorities.