I've always understood that when you buy a house there may be certain covenants contained within the deeds which you are bound by. From memory with my own house built in 1926, I am not supposed to 'extract minerals or dig or mine for coal', or some such nonsense like that.
However if I breach those covenants who 'polices' them and what could be the possible outcomes?
For example - lets say I live in a terraced property and there is a covenant which states my property and all the others in the row must be finished in a cream coloured lime render. If I decide to clad the property or paint it bright blue and the house is not in a conservation area or is listed and my actions breach no planning rules or other bylaws, who then has the power or authority to get me to change it?
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The person with the benefit of the covenant, which might be the original builder, or the council, or whatever, or their estate...
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I think a neighbour would have to take issue with you and deal thru a solicitor. I live in an estate where the deeds/covenants prohibit the parking of commercial vehicles on the site and there are other restrictions re noise, anti-social behaviour, noise, bonfires and dog poo.
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I'm not allowed to keep chickens :-(
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I'm allowed to keep "normal domestic pets" Council will enforce mine. I may seek easement on my field in time.
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>. I may seek easement
>> on my field in time.
Not on your field, surely, can't you just use the bathroom ?
Ted
>>
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This has been done before.
I've a council covenant on my property. I enquired of my council what authority have they to enforce a penalty if I breach that covenant? They replied 'it may be noted and and picked up by a solicitor if you sell it'.
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>> Not on your field, surely, can't you just use the bathroom ?
No.... outstanding in his field.
I'm sure my coat is around here somewhere....
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I've read that in reality it is almost impossible to enforce most covenants beyond the original first buyer. Contracts that try to force the first owner to stipulate the same restriction on the 2nd, and 3rd, etc are not enforceable.
Often only the original seller of the land can do that, which might be a long defunct builder or someone untraceable who wouldn't care anyway.
The Garden law forum is excellent for answering this kind of question. If you post up an extract from your particular deeds someone legal will interpret it.
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I have several on mine, one being that the garden must contain a fruit tree. It was originally the orchard for the local lord or squire who lived in a nearby now gone Lodge.
I have one pear tree, I think mine is the only fruit tree left in the road.
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>>>I've read that in reality it is almost impossible to enforce most covenants beyond the original first buyer.
In reality you're right Cliff. But it doesn't stop solicitors getting twitchy if there are obvious breaches of covenant when you buy/sell.
I'm pulling the deeds (online) for anything we're really interested in at the moment and will cast an eye over the covenents before making an offer. Wouldn't stop me buying if something had been breached and the place was OK otherwise.
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