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Covenant - Rebuild Qn

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  • Covenant - Rebuild Qn

    Hello

    I'm buying a property that is derelict and will be demolish and rebuild. The rebuild will need to be a flat roof (its in a flood plane area and environment agency want it built up - which makes it high - the planning will only accept it if it is a flat roof). The covenant on the title register says:

    (c) All buildings should be built of bricks or stone and roofed with
    slates or tiles only temporary buildings tents huts and caravans must
    not be placed or allowed to remain on any plot


    This was written in 1928 and made between the vendor and then purchaser. Maybe the spirit of this covenant meant that they wanted a good construction water tight house. Im worried the fact it says tiles/slates and Ill be having a flat roof. Is there an issue here? Is it enforceable and if so by who? Could I get an indemnity insurance and would it protect me from some one enforcing me to pull down the new building and rebuild? All that could be rebuilt is a single story (from a two) with a roof but this would be a big loss in value.

    Thanks
    Tags: None

  • #2
    Hi PETMGN

    I can't answer directly, but the following covers covenants - https://hoa.org.uk/advice/guides-for...ive-covenants/

    Comment


    • #3
      Restrictive Covenant Indemnity policies are available where the proposed development of the property breaches known or may breach unknown covenants.

      Cover will be up to the limit chosen and covers against cost of rectifying the legal issue and reduction in market value.
      policies vary and some might offer additional expenses cover


      Comment

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