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Restrictive Covenants - Buying Property
Hi everyone, I'm new to this but really needed to get some insight so I hope someone out there can guide me please...
I'm looking to buy a property and the Solicitor has uncovered some restrictive covenants, 11 in total. Most of these seem fine - not to grow anything of nuisance, not to cut down the trees in the garden, to use as a private dwelling only, no caravans on site etc. However there are a few which I'm not sure of...
My partner and I may want to in the future do a kitchen extension, build a porch or redo the driveway as it's in a not so great state and I'm concern that some of the covenants may prevent us from doing this. The covenants are from 1929 and the document itself is in a very bad state - it took me hours to piece together (not even fully) what each of the covenants say. I've queried these with my solicitor but the wait is painstaking!
ANY HELP, INSIGHT OR GUIDANCE WOULD BE REALLY APPRECIATED - THANK YOU!!
The ones of main concern are as follows (each XX indicates where I've left out a word because I couldn't read what it said):
1) "No building or erection of any kind (other than fences not exceeding six feet in height) shall be erected nearer to any road than the building line shown in the plan". Does this mean we won't be able to make a porch or do an extension out back?
2) "No house or other erection shall be built or erected on any plot except in accordance with design plans elevations and sections(?) to be previously submitted to and approved in writing by the Company or its Surveyor for the time(?) being used and a Purchaser shall pay to such Surveyor a fee of one guinea for each house for his approval of each set of design plans elevations and sections. This stipulation is named(?) in the interest of Purchasers generally and to secure homogenous(?) development of the whole estate. A duplicate set of design plans elevations and sections shall be deposited with and a copy retained by the Company. The plans XX deposited XX XX shall contain a plan and elevation of the boundary walls of the XX and the Company or its Surveyor for the time being may by a consent in writing permit any variation of such design plans elevations and sections". What does this actually mean??
3) No gravel sand earth or other material shall be excavated from any plot except for the purpose of foundations(?) and for use in building on such plot and no bricks pipes earth or clay shall be baked(?) or burnt(?) upon any plot. Does this stop us from building a new driveway?
4) "A purchaser shall not fell or damage any of the trees on this plot without the consent in writing of the company XXX consent not to be unreasonably withheld and shall keep all hedges and ditches therein trimmed(?) and cleared nor shall any purchaser plant any forest trees upon any plot or plots nearer to any building or site XX XX than twenty five feet". There are two trees in the garden - does this mean we can't trim these or cut them down, whilst keeping the roots in place?
5) "The purchaser shall not be entitled to any right of light or air which shall or may XXXXX XXXXX any adjoining or neighbouring plot for building or other purposes and this Conveyance shall be deemed to exclude the grant of such right”. Does this mean I'm not able to do an extension even if its permitted development in the instance my neighbours say they don't want me to?
6) "The company reserves the right at all times to alter vary or modify all or any of these restrictions or stipulations in respect of any one or more of the said plots”. Does this mean someone somewhere from 1929 could just go and file for a change to these covenants and we have to live with this?
I'm looking to buy a property and the Solicitor has uncovered some restrictive covenants, 11 in total. Most of these seem fine - not to grow anything of nuisance, not to cut down the trees in the garden, to use as a private dwelling only, no caravans on site etc. However there are a few which I'm not sure of...
My partner and I may want to in the future do a kitchen extension, build a porch or redo the driveway as it's in a not so great state and I'm concern that some of the covenants may prevent us from doing this. The covenants are from 1929 and the document itself is in a very bad state - it took me hours to piece together (not even fully) what each of the covenants say. I've queried these with my solicitor but the wait is painstaking!
ANY HELP, INSIGHT OR GUIDANCE WOULD BE REALLY APPRECIATED - THANK YOU!!
The ones of main concern are as follows (each XX indicates where I've left out a word because I couldn't read what it said):
1) "No building or erection of any kind (other than fences not exceeding six feet in height) shall be erected nearer to any road than the building line shown in the plan". Does this mean we won't be able to make a porch or do an extension out back?
2) "No house or other erection shall be built or erected on any plot except in accordance with design plans elevations and sections(?) to be previously submitted to and approved in writing by the Company or its Surveyor for the time(?) being used and a Purchaser shall pay to such Surveyor a fee of one guinea for each house for his approval of each set of design plans elevations and sections. This stipulation is named(?) in the interest of Purchasers generally and to secure homogenous(?) development of the whole estate. A duplicate set of design plans elevations and sections shall be deposited with and a copy retained by the Company. The plans XX deposited XX XX shall contain a plan and elevation of the boundary walls of the XX and the Company or its Surveyor for the time being may by a consent in writing permit any variation of such design plans elevations and sections". What does this actually mean??
3) No gravel sand earth or other material shall be excavated from any plot except for the purpose of foundations(?) and for use in building on such plot and no bricks pipes earth or clay shall be baked(?) or burnt(?) upon any plot. Does this stop us from building a new driveway?
4) "A purchaser shall not fell or damage any of the trees on this plot without the consent in writing of the company XXX consent not to be unreasonably withheld and shall keep all hedges and ditches therein trimmed(?) and cleared nor shall any purchaser plant any forest trees upon any plot or plots nearer to any building or site XX XX than twenty five feet". There are two trees in the garden - does this mean we can't trim these or cut them down, whilst keeping the roots in place?
5) "The purchaser shall not be entitled to any right of light or air which shall or may XXXXX XXXXX any adjoining or neighbouring plot for building or other purposes and this Conveyance shall be deemed to exclude the grant of such right”. Does this mean I'm not able to do an extension even if its permitted development in the instance my neighbours say they don't want me to?
6) "The company reserves the right at all times to alter vary or modify all or any of these restrictions or stipulations in respect of any one or more of the said plots”. Does this mean someone somewhere from 1929 could just go and file for a change to these covenants and we have to live with this?
