Weird Covenant - advice needed please

[Somerset12]

Hi
I am buying a property which has come up with an old covenant which is unusual. The property beside it had a bore hole and the original owner of the property (1940s) I am buying asked to connect to the supply of water which was agreed. They also then agreed to pay them for this supply of water - 5% of the property value every year! (don't know whether property refers to the water or the land and house?).

The bore hole is no longer used as both properties are connected and supplied with water from the mains water company. I am informed my property is not using any of the old drains.

Before I proceed any further can anyone tell me from a legal perspective if this positive covenant is still enforceable, particularly as we no longer have any water supplied? a 5% charge would be about £10,000 each year!

My solicitor has been very very unhelpful with this and has despite 4 emails, not answered this question but just tells me not to worry about it. This seems like a complex area of law though so am keen to get other opinions. Many thanks for your help.

[Openlaw15]

Re: Weird Covenant - advice needed please

Hi
I am buying a property which has come up with an old covenant which is unusual. The property beside it had a bore hole and the original owner of the property (1940s) I am buying asked to connect to the supply of water which was agreed. They also then agreed to pay them for this supply of water - 5% of the property value every year! (don't know whether property refers to the water or the land and house?).

The bore hole is no longer used as both properties are connected and supplied with water from the mains water company. I am informed my property is not using any of the old drains.

Before I proceed any further can anyone tell me from a legal perspective if this positive covenant is still enforceable, particularly as we no longer have any water supplied? a 5% charge would be about £10,000 each year!

My solicitor has been very very unhelpful with this and has despite 4 emails, not answered this question but just tells me not to worry about it. This seems like a complex area of law though so am keen to get other opinions. Many thanks for your help.

It sounds more like an old covenant which is only applicable for its time but not now. The law of covenants would only apply if it were a enforceable covenant, it simply isn't as it has no use in modern times.