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Right to buy covenant restrictions

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  • Right to buy covenant restrictions

    Any thoughts on this problem We are going through the process for the rtb on our 3 bedroom house it was only when the searches came back that the housing association who had taken over from the local council had put restriction covenants on there properties for anyone trying to buy them, my concerns are will this effect any resale on the property which has got restriction covenants on which are 1.Not to make any alterations or additions 2.not to make any structural alterations 3.erect any new buildings On top of silly things like being a nuisance keeping my garden in order etc etc

    Has anyone bought under these kind restriction and successfully sold there property without a loss, I知 the only one in the neighbouring square that as these restrictions set because this was changed only 10 years ago when this housing association took over and feel it痴 really unfair my neighbours are not bound by any restrictions at all and I will be even down to I have to pay towards the maintenance of the green at the front of the property and no one else dose I知 hoping they will grant preliminary permission for a extension to my house as they have said in the deeds that without previous written consent and such consent not to be unreasonably withheld I feel almost like I知 buying a lease hold property not freehold because of these covenants I have obey by and it痴 just another way of the housing association keeping old of there property in this way I know I can take it to the upper tribunal but this cost money and there no guarantee I would win Any thoughts would be much appreciated as I知 thinking to just not to bother signing the contract now
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  • #2
    I'm not an expert in these matters.
    But so far as I know "Restrictive covenants" can be placed on the sale of any property where the vendor (Seller) currently owns land which can "benefit" from the covenant. If all the other houses on the square are now owned privately then the Housing Association will no longer own any land which can "benefit". If that is the case then I wonder if there is a chance that the wording in the document has been attached without any real thought having gone into the process. I rather suppose your first move would be to try to identify any property (ie land or land with houses) which might benefit from the covenant. (This should be clear from the wording of the covenant).

    Good luck

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    • #3
      Thanks for your reply much appreciated
      hopefully the Solictor will make enquiries what I知 paying her for to help to resolve any problems

      Comment

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