Restrictive covenants a red line

[Singlemid40s]

Hello,

I'm in the process of buying a property with restrictive covenants on them - because it isn't clear who owns the covenant, my solicitor is suggesting I walk away from the purchase. There are also some other issues that have come up from the survey. I'm not sure if the solicitor is being overly cautious here - is it something you'd avoid? I've feeling very overwhelmed by it all.

Thanks

It depends on the nature of the covenants. If it’s stuff like not to keep farm animals you presume don’t care but if something more extreme the solicitor may be right.

As PP, depends on the covenant.

If it's something you don't mind like no chickens or similar, then go ahead.

If it's a rule you intend to break, and were simply hoping that a "covenant" didn't amount to much and you could ignore it because no-one will enforce it, you might be wise to discuss your intentions with your solicitor and listen to their advice!

If the solicitor says walk away I think that's probably what you should do. But depends. Some new properties say no washing hung out. Or no pets

Can you tell us what the restrictive covenants are?

I wasn't allowed to open a brothel or keep pigs. It was a shame but we adapted.

It really depends on the covenant. I think we have three on ours, but one of them duplicates a legal obligation, one refers to maintenance of a shared access road that no longer exists (and may never have existed), and the other is so vague as to be irrelevant/unenforceable.

If your solicitor is suggesting walking away, can we assume they're quite serious with potentially onerous or costly obligations??

Could be awkward when you come to sell if David Cameron shows interest.

Boo. We're not allowed make and sell alcohol. We're surviving.

We did have a chancel liability though which is scarier (we bought the indemnity insurance).

What is the restriction?

But usually I would heed my solicitor's advice.

On the basis that you employ a solicitor to give legal advice, when they advise that you pull out, I'd pull out UNLESS there was a very, very good reason not to.

In terms of a house purchase, I can't think of any such reason no matter how much we "loved" the house.

Your solicitor is the expert here and that’s what you’re paying for.

We have to keep a holly hedge. Friends of mine can’t mow the lawn on a Sunday. What’s the covenant?

We're not allowed to use a hovercraft in the local river!!! It's so hilariously specific! Someone must have been really hacked off to include it!

@fruitbrewhaha and do you keep it? The Holly hedge that is?

The covenants on ours are so ancient that someone’s great great great x10 grandniece in a different country of the uk owns it. And sadly I cannot become a poulterer in case she might come and check 🤷‍♀️.

I'm not sure I'd be able to help myself...

Amazon RC Hovercraft

I'd be gutted to have that one. It's literally my only hobby.

No pigs or cattle and no houses on wheels. No commercial activity.
So far no one has enforced a the caravan on the driveway one yet.

I used to live in a new build and we had restrictions such as no sporting, political or other flags on or around the property and no laundry out to dry on front lawns.

If it is something like that then I wouldn't care but if its something that will effect your day to day living or potentially cost you a lot of money, I would walk away

I'm not allowed to park a caravan on my drive but I really don't care.

In the house I grew up in, the possession of alcohol was prohibited.

It wasn't enforced fortunately. My parents have good taste in wine.

😂😂

We weren't " allowed" to grow trees over 6 foot The estate has loads of them iIIRC we could take out insure to cover costs if it was ever enacted on

I think the issues are to do with it not being clear who we would need to ask for permission (the companies don't exist anymore, but their successors could benefit, and neighbours can also ask for it to be enforced I think), that some trees are protected in it, and what if they cause damage to the property. That the boundaries need to be maintained by both sides. Also you have to ask for things like extensions, although there are conservatories etc on the road, so have they had permission or are they breaching it?

I'd be minded to ask the solicitor about restrictive covenant insurance.

I'm not to defame a particular livery company, who built much of the housing in our area. Tricky but we manage.

I have a right of way between two other cottages that passes outside my back door. I know it's not a covenant, but my solicitor was DESPERATE to make sure that I understood that other people (my neighbours from the next two cottages) could walk down the pathway to take out their bins. He kept on stressing it to make sure I was aware.

I'd lived just down the road for thirty years, I was well aware of the right of way. The solicitor was just being really cautious. Maybe yours is worrying just in case something goes wrong and you try to sue him?

Do you have a reason to think the trees will cause damage to the property?
Is it a newish build or an old
Miners cottage or something?