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Covenants & Restrictions

COVENANTS & RESTRICTIONS

Many properties are subject to private legal covenants or other restrictions. If land or property is subject to any covenants, these will be shown within the deeds of the property. These may, for example, require someone else's approval for works to the property or for carrying out certain uses at the property. Such covenants are separate from planning control. They cannot be taken into account in making planning decisions and they are not enforced by the planning authority. You can check your deeds for covenants, and if considering buying an older property consult your solicitor. You may also find that some properties enjoy historic rights. The council has no involvement in checking or enforcing your private rights such as a right to light.

Covenants are restrictions that are imposed on the use of land or property by a former owner. Restrictive covenants run with the land and as such the responsibility for complying with the covenants is passed from one new owner to another. 

Examples could include:

1/ Footpaths and rights of Way

2/ A water well in the gardens of a converted former farm building. If the farmer at the time of splitting up his yard and buildings had still wanted access over the conversions garden for water for his animals then both parties entered in to a covenant which was placed on the conversions title, then even the farmer later had a mains supply laid on then the covenant would still stand.

 

3/ Restrictions are common on new builds and may often be laid down by the builder or developer. Such restrictions may include where satalite dishes can be positioned, or restrictions as to communal area contributions, or colour schemes, or fence heights.

Can they be altered? A Deed of Variation would be required whereby a covenant would be changed.  For example, where a covenant states that an area of land must be used as garden and an individual wants to create parking, the covenant needs to be changed to permit the proposed use. This would need to be done via your solicitor and would involve a cost.

 

Net Lawman; Suppliers of Legal Agreements and paid for advice to users of INEA. Simply press the Net Lawman logo.


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