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Re: Restrictive Covenant - help

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  • Re: Restrictive Covenant - help

    Hi, I am in the process of buying a house that is built on land purchased from neighbours gardens.
    The house was built in 1980. The gardens on which it was built is from houses built in 1920s.

    There is a restrictive covenant dated 1929 on the original land which states "only one house shall be built per plot"

    So the question is, does this new house comprise of 2 houses on 1 plot given the original plot was split ? Or because this is a new plot is this 2 houses
    on 2 plots? I can't find the definition of a plot anywhere in the covenants either.

    Is this restrictive covenant likely to cause me any issues? Its been standing for 40 years but just don't know.
    Thanks, help appreciated !



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  • #2
    The covenant appies to the "plot" at the time of the deed in 1929 which contained the restrictive covenant. You may be able to obtain restrictive covenant insurance. Your conveyancing solicitor can advise.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Originally posted by atticus View Post
      The covenant appies to the "plot" at the time of the deed in 1929 which contained the restrictive covenant. You may be able to obtain restrictive covenant insurance. Your conveyancing solicitor can advise.
      Thank you very much for your reply much appreciated !

      I will look into getting the insurance but given the house has stood for over 40 years is this reasonably safe anyway i.e the chance of anyone being able to enforce a restrictive covenant after 20 years is apparently very low to zero?

      Comment

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