Third party has control over my property?

[MollyHollyDollyPolly]

We're in the process of buying a terraced property, built in late 1800's.

Survey has come back fine, solicitors progressing well with a planned completion of July but today they have uncovered a covenant on the property, which restricts the erection of any buildings in the garden without third party permission. We had planned to extend to add a bedroom downstairs, subject to planning, so this now throws a spanner in the works. The property was a repossession so there is no prior knowledge of who this third party is or how to contact them.

Solicitor is chasing clarification but whilst I wait (and chew my nails to bits) has anyone heard of this before?

Is the house leasehold?

You'll need to see the exact wording of the covenant because that should say who the third party is. It may be written in the title deeds or an old Transfer or Conveyance and is very likely to be a party that no longer exists/has passed away, or it could be the Council or original developer etc. Can you ask your solicitor to forward you the document in which the covenant is written so you can see?

IIRC covenants are usually put in place at the time of building, by the landowner at that time. Only descendants of the landowners can make any type of legal challenge if you were to do anything that is prohibited by the covenants.

We had some very weird covenants on our house (built approx 1920) when we purchased it. Most were completely ridiculous and irrelevant. We did however buy indemnity insurance, which protects against any challenges, and it was only a couple of hundred pounds about 10 years ago.

It's a freehold, so I was a bit surprised because I always assumed freehold had no restrictions ... Naive I know!

The wording says permission must be sought in writing, from the vendor, their surveyor, executor or administrator ... Whoever they are?! The property was built in late 1800's and the last time it was sold was in late 70's so the original owner has changed but it still seems unclear.

As Corporal Jones put it 'Dont Panic'

I cant see they are enforceable these days

I’d imagine that if the house as built in the 1800s then it’s the original landowner likely a duke etc that holds the convenient. I was part way through a purchase of a house in Northumberland and there was a similar covenant - turned out the permission was required from the Duke of Northumberland- sale fell through but not solely down to that

We had something like that on our old house. There was a covenant from the church at the end of the road. Our solicitor was very chilled about it and we took out a cheap insurance for the event of there ever being an issue. I think it is fairly common.

It’s very common.

Loads of houses have these kind of restrictive covenants - they’re usually either not enforceable at all, or the people that could enforce them won’t know about it or won’t know about you breaching it.

So it’s usually pretty easy to take out insurance against the risk of it being enforced - it won’t cost you a huge amount and then you’ll have protection.

But (and this is crucial!) if you do anything to make the people who could enforce the covenant aware of it then you will not be able to take out insurance. So definitely don’t go around investigating or asking neighbours who the person is or anything like that, just wait for your solicitor to advise you.

Our house has similar covenants. The land was originally owned by Oxford University and they put covenants on any land they sold to say they had to give permission for various things. They still own a number of the farms here with tenant farmers running them.

TBH they are a pain in the neck, we have to pay them large sums of money to just ask for permission.

We're about to sell our house so will be asking our solicitor if they can be removed.

I have lived in houses with convents and currently live in one with covenants. The last one was very straightforward, it had previously been an estate cottage and it was very easy to get things approved because you just went to the estate office and asked. As long you didn’t want to alter the front of the house or open a tannery for example it was fine.
The current one is a bit more complicated but I’m not sure it’s enforceable
There is a process for getting covenants removed

Planning permission didn't exist in the past. A lot of these covenants were intended to stop the property owners doing things they wouldn't get planning permission for today - such as building a row of cottages in the back garden, using the premises for industrial purposes, or keeping pigs or cows or donkeys.

First house we where buying had a covenant from the church about 'ill repute' that we couldn't turn it into a brewery, pub or brothel lol.

This has made me feel so much better, thanks so much everyone!

Oh mine has some sort of covenant on it that if the church roof falls in we've got to contribute..

Only no one actually knows which church this originally referred to, so I took out some kind of insurance policy (one off £20 payment) should I ever actually be asked to cough up, I am covered.