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Hello everyone.
I hope you can help me understand where I stand with regard to the following.
We purchased our property in 2015, and during the process, we were read the “Official copy of register of title”. During that meeting, I noted that the property had a very large hedge seemingly at odds with one of the restrictive covenants:
Our legal advisor at the time laughed this off saying that “...the building company (Vendor) was probably out of business by now”
Looking back I feel this was rather poor advice as I assume that they should have checked if this was actually the case as we raised this as an issue during the purchase. We are now also considering other building work also seemingly at odds with some of the ”RESTRICTIONS AND STIPULATIONS TO BE OBSERVED”.
I have searched Companies House for the original Vendor and I find that the named company is dissolved although bizarrely its incorporation seems to be way after our house was built. I can also see 2 companies with similar names "LOCATION BUILDER / LOCATION BUILDERS". Not sure where I can search to find out about the original vendor or if this even matters if its not featured on Companies House.
Essentially I need to know if the Restrictive Covenants are still enforceable by the Vendor or by my neighbours?
Below is a redacted “Official copy of register of title”...
C: Charges Register
This register contains any charges and other matters that affect the land.
(#DATE#) A Conveyance of the land in this title dated #DATE# made between (1) #VENDOR LTD# (Vendor) and (2) #PURCHASER# (Purchaser) contains covenants details of which are set out in the schedule of restrictive covenants hereto.
(#DATE#) By the Conveyance dated #DATE# referred to above the land in this title was conveyed subject as follows:-
“SUBJECT to the exceptions and reservations covenants and conditions contained or referred to in a Conveyance dated the #DATE# and made between #LAND OWNER# of the one part and the Vendor of the other part so far as the same affect the land herby conveyed and are still subsisting and capable of being enforced."
NOTE: No further particulars of the Conveyance dated #DATE# referred to were produced on First Registration,
(#DATE#) REGISTERED CHARGE dated #DATE#.
(#DATE#) Proprietor: #BANK NAME / ADDRESS#.
Schedule of restrictive covenants
The following are details of the covenants contained in the Conveyance dated #DATE# referred to in the Charges Register:-
(a) The Purchaser hereby covenants with the Vendor and its successors in title to observe and perform the conditions set out in the First Part of the Third Schedule hereto
(b) with intent and so as to bind the land hereby conveyed into whosesoever hands the same may come and so that this covenant shall enure for the benefit of the adjoining land of the Vendor comprising the #ESTATE NAME# Estate and each and every part thereof the Purchaser for himself and his successors in title to the land hereby conveyed hereby covenants with the Vendor and its successors in title to its remaining land the #ESTATE NAME# Estate and each and every part thereof that he will henceforth observe and perform the restrictions and stipulations contained in the Second Part of the Third Schedule hereto
(c) The covenants on the part of the Purchaser set out in Clauses 2(b) hereof shall be without prejudice to the right of the Vendor to vary waive release or extinguish such restrictions or stipulations or any of them in relation to any other part of its #ESTATE NAME# Estate or to sell deal with or develop any such part or parts free from the same and the existence of a building scheme is hereby expressly negatived.
THE THIRD SCHEDULE
THE SECOND PART
RESTRICTIONS AND STIPULATIONS TO BE OBSERVED
1. That no building other than one private dwellinghouse with appropriate outbuildings shall be set up or erected upon the old land and that the said dwellinghouse shall not at any time be used for any purpose other than that of a private residence in a single occupation and that no trade or business whatsoever shall at any time be set up or carried on in or upon the said land or any building at any time erected thereon or on any part thereof
2. Not to keep any fowls or livestock on the said land
3. Not to bring onto or keep on that part of the land hereby conveyed which lies between the dwellinghouse thereon and the road onto which the same abuts any caravan (whether self-propelled or not) or house on wheels or any temporary structure whatsoever
4. No greenhouse or garden shed shall be erected on the said land other than behind the dwellinghouse on the land hereby conveyed without prior written consent of the Vendor or its surveyor for which consent a fee of One guinea shall be payable
5. That the land lying between the dwellinghouse on the land hereby conveyed and the roadway on to which such land abuts shall not be used otherwise than as an ornamental garden laid out with shrubs flower borders or beds paths and lawns
6. Not at any time to display any bills or placards or advertising matter on the said land other than a single sign stating that the property is for sale or to be let
7. No clothes or other articles shall be hung or exposed outside the dwellinghouse except on lines in the back garden
8. Not to commit any act which shall or will be likely to cause damage or to become a nuisance or annoyance or disturbance to the Vendor and its successors in title or to the owners or tenants of any of the adjoining or neighbouring property or which shall tend to deteriorate or lessen the value of the remainder of the Vendor’s #ESTATE NAME# Estate
9. No walls or hedges between the frontage line of the said dwellinghouse and the said new road shall be erected or allowed to grow to a greater height than three feet six inches."
NOTE: The land in this title comprises the said land referred to.
End of register
I hope you can help me understand where I stand with regard to the following.
We purchased our property in 2015, and during the process, we were read the “Official copy of register of title”. During that meeting, I noted that the property had a very large hedge seemingly at odds with one of the restrictive covenants:
Our legal advisor at the time laughed this off saying that “...the building company (Vendor) was probably out of business by now”
Looking back I feel this was rather poor advice as I assume that they should have checked if this was actually the case as we raised this as an issue during the purchase. We are now also considering other building work also seemingly at odds with some of the ”RESTRICTIONS AND STIPULATIONS TO BE OBSERVED”.
I have searched Companies House for the original Vendor and I find that the named company is dissolved although bizarrely its incorporation seems to be way after our house was built. I can also see 2 companies with similar names "LOCATION BUILDER / LOCATION BUILDERS". Not sure where I can search to find out about the original vendor or if this even matters if its not featured on Companies House.
Essentially I need to know if the Restrictive Covenants are still enforceable by the Vendor or by my neighbours?
Below is a redacted “Official copy of register of title”...
C: Charges Register
This register contains any charges and other matters that affect the land.
(#DATE#) A Conveyance of the land in this title dated #DATE# made between (1) #VENDOR LTD# (Vendor) and (2) #PURCHASER# (Purchaser) contains covenants details of which are set out in the schedule of restrictive covenants hereto.
(#DATE#) By the Conveyance dated #DATE# referred to above the land in this title was conveyed subject as follows:-
“SUBJECT to the exceptions and reservations covenants and conditions contained or referred to in a Conveyance dated the #DATE# and made between #LAND OWNER# of the one part and the Vendor of the other part so far as the same affect the land herby conveyed and are still subsisting and capable of being enforced."
NOTE: No further particulars of the Conveyance dated #DATE# referred to were produced on First Registration,
(#DATE#) REGISTERED CHARGE dated #DATE#.
(#DATE#) Proprietor: #BANK NAME / ADDRESS#.
Schedule of restrictive covenants
The following are details of the covenants contained in the Conveyance dated #DATE# referred to in the Charges Register:-
(a) The Purchaser hereby covenants with the Vendor and its successors in title to observe and perform the conditions set out in the First Part of the Third Schedule hereto
(b) with intent and so as to bind the land hereby conveyed into whosesoever hands the same may come and so that this covenant shall enure for the benefit of the adjoining land of the Vendor comprising the #ESTATE NAME# Estate and each and every part thereof the Purchaser for himself and his successors in title to the land hereby conveyed hereby covenants with the Vendor and its successors in title to its remaining land the #ESTATE NAME# Estate and each and every part thereof that he will henceforth observe and perform the restrictions and stipulations contained in the Second Part of the Third Schedule hereto
(c) The covenants on the part of the Purchaser set out in Clauses 2(b) hereof shall be without prejudice to the right of the Vendor to vary waive release or extinguish such restrictions or stipulations or any of them in relation to any other part of its #ESTATE NAME# Estate or to sell deal with or develop any such part or parts free from the same and the existence of a building scheme is hereby expressly negatived.
THE THIRD SCHEDULE
THE SECOND PART
RESTRICTIONS AND STIPULATIONS TO BE OBSERVED
1. That no building other than one private dwellinghouse with appropriate outbuildings shall be set up or erected upon the old land and that the said dwellinghouse shall not at any time be used for any purpose other than that of a private residence in a single occupation and that no trade or business whatsoever shall at any time be set up or carried on in or upon the said land or any building at any time erected thereon or on any part thereof
2. Not to keep any fowls or livestock on the said land
3. Not to bring onto or keep on that part of the land hereby conveyed which lies between the dwellinghouse thereon and the road onto which the same abuts any caravan (whether self-propelled or not) or house on wheels or any temporary structure whatsoever
4. No greenhouse or garden shed shall be erected on the said land other than behind the dwellinghouse on the land hereby conveyed without prior written consent of the Vendor or its surveyor for which consent a fee of One guinea shall be payable
5. That the land lying between the dwellinghouse on the land hereby conveyed and the roadway on to which such land abuts shall not be used otherwise than as an ornamental garden laid out with shrubs flower borders or beds paths and lawns
6. Not at any time to display any bills or placards or advertising matter on the said land other than a single sign stating that the property is for sale or to be let
7. No clothes or other articles shall be hung or exposed outside the dwellinghouse except on lines in the back garden
8. Not to commit any act which shall or will be likely to cause damage or to become a nuisance or annoyance or disturbance to the Vendor and its successors in title or to the owners or tenants of any of the adjoining or neighbouring property or which shall tend to deteriorate or lessen the value of the remainder of the Vendor’s #ESTATE NAME# Estate
9. No walls or hedges between the frontage line of the said dwellinghouse and the said new road shall be erected or allowed to grow to a greater height than three feet six inches."
NOTE: The land in this title comprises the said land referred to.
End of register
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