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build an kitchen extension at the rear + attics - restrictive covenants issues

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  • build an kitchen extension at the rear + attics - restrictive covenants issues

    Hello I’m in the process in purchasing a house. The house title deeds has some worrying covenants. Not sure the solicitor would have told me this.

    we intend to build a single storey extension rear and part side extension (small partial wrap around) and create a kitchen, bedroom and shower for a vulnerable adult.

    but when seeing the title covenants I’m not sure what I could do? Please can I get some advice, I presume original vendor is dead from ancestors records and was thinking if Amy of these covenants are enforceable when a kitchen and dormas are made. We do love the house and have been searching for months for the family and something suitable for the vulnerable adult.


    C: Charges Register
    This register contains any charges and other matters that affect the land.
    1 (23.07.1997) The land is subject to rights of drainage.
    2 (23.07.1997) A Conveyance of the land tinted blue on the filed plan and
    other land dated 27 February 1913 made between (1)
    (name removed) (Vendor) (2) (name removed) and others (Trustees) and
    (3) XX and XX (Purchasers) contains
    covenants details of which are set out in the schedule of restrictive
    covenants hereto.
    3 (23.07.1997) A Conveyance of the land tinted pink on the filed plan
    dated 7 November 1924 made between (1) XX
    (Vendor) (2) XX and others and (3) XX (Purchaser) contains covenants details of which are set out
    in the schedule of restrictive covenants hereto.
    4 (29.04.2019) REGISTERED CHARGE dated 22 February 2019.
    5 (29.04.2019) Proprietor: XX

    Schedule of restrictive covenants
    1 The following are details of the covenants contained in the Conveyance
    dated 27 February 1913 referred to in the Charges Register:-
    "JOINT AND SEVERAL COVENANT by the purchasers with the Vendor that they
    the purchasers should not at any time thereafter encroach upon the
    causeway of the said street or road by placing steps upon the same or
    otherwise nor erect any building of any description upon the said plot
    of land so as to project into or overhang the portion of the said plot
    of land lying between the building lines shewn on the said plan and
    XX Road and XX Road in front of such building line save only
    porches windows and other usual architectural ornaments or dressings
    And Also that no windows or openings should be put out in any building
    or wall which might be erected upon the said plot of land so as to look
    or open immediately upon the Vendors adjoining land on the Southerly
    and Westerly sides thereof or within a distance of 6 feet thereof and
    that no rights of light or air should be acquired by the purchasers at
    any time in respect of any windows or openings overlooking the
    adjoining land of the Vendor And Also that the purchasers should
    forthwith at their own expense erect a fence wall or iron railing four
    feet high at the least along the Southerly......sides of the said plot
    of land where not occupied or made by the buildings to be erected
    thereon so as to fence off the said plot of land from the adjoining
    land of the Vendor And should at all times thereafter maintain and
    repair such fence at the like expense And Also that all buildings
    including chimneys and walls to be erected on the said plot of land
    should be faced with outside wall stones and no old material should be
    used in the erection of any buildings or walls fronting the said roads
    And that no trade or business should be carried on in or upon the said
    plot of land or in or upon any buildings which might be erected thereon
    and that no buildings other than two pairs of semi-detached
    dwellinghouses with the necessary outbuildings offices and conveniences
    thereto should be erected on the said plot of land nor should the same
    be used for any other purpose than private dwellinghouses And Also that
    a sum of not less than £760 should be expended by the purchasers in the
    erection of each pair of semi-detached dwellinghouses and that the
    roofs thereof should be covered with blue slates or red tiles
    2 of 3

    Title number XXXXXX
    Schedule of restrictive covenants continued
    And Also that the front garden walls should be of stone not more than 3
    feet high surmounted with iron palisading."
    NOTE: No copy conveyance plan was supplied on first registration.
    2 The following are details of the covenants contained in the Conveyance
    dated 7 November 1924 referred to in the Charges Register:-
    "the Purchaser hereby further covenants with the Vendor ......that no
    window lights or openings shall be put out in any building or wall
    which may be erected on the said plot of land so as to look or open
    immediately upon the Vendors adjoining property on the South or within
    a distance of six feet thereof without the Vendors previous consent in
    writing and no prescriptive or other right shall at any time be
    acquired by the Purchaser or anyone claiming under him in respect of
    any lights or openings in any building or wall upon the said plot of
    land as against such adjoining property AND ALSO that all buildings
    including chimneys and walls which may be erected on the said plot of
    land shall be faced with outside wall stones and no old material shall
    be used in the erection of any buildings or walls fronting the said
    proposed street or road AND ALSO that no trade or business shall be
    carried on in or upon the said plot of land or in upon any building
    which may be erected thereon and no building other than one detached or
    semi-detached dwellinghouse with the necessary outbuildings offices
    conveniences and adjuncts thereto shall be erected on the said plot of
    land nor shall the same be used for any purpose other than a private
    dwellinghouse AND ALSO that a sum of not less than Six hundred and
    thirty five pounds shall be expended by the Purchaser in the erection
    of such Dwellinghouse and the roof thereof shall be covered with blue
    slates or red tiles AND ALSO that the front garden walls shall be of
    stone not more than three feet high mounted with iron palisading."


    Thanks so much in advance, any help appreciated
    Tags: None

  • #2
    Without a plan of existing property showing surrounding land with paths & roads etc and also an indication of what you want to do it is not really possible to understand the position.

    Really you should discuss this with your conveyancer and obtain his written confirmation if you go ahead with the purchase

    He should be able to indicate which covenants are likely to be enforced by a third party, and which can be ignored.

    Comment

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