Restrictive Covenant Question

[dgs]

Hi. We as executors of our late parents house have been asked a question by the purchasers solictor.

''Do the executors know whether the registered owners ever had to pay towards the maintenance of the roads and services as noted as being a liability at point 1. of the schedule of restrictive covenants''?

The Covenant is dated December 1881. ???????
Any help or advice is appreciated. Regards. DGS

[paulajayne]

Re: Restrictive Covenant Question

Have the roads been adopted?



Plus

"Annual sum not to exceed one pound"

[dgs]

Re: Restrictive Covenant Question

Hi. It is a normal terraced house road amongst many others in the area.
All the streets look the same eg. Byron street in Hove BN3.
What is the £1 thing about?

[enaid]

Re: Restrictive Covenant Question

This may show you if it's adopted

http://www.brighton-hove.gov.uk/site...2022.07.16.pdf

[james robertson]

Re: Restrictive Covenant Question

I love the fantastic ancient documents. from my reading is that when the properties were first built the owners were liable for the upkeep of the road and drains etc but upto a maximum of £1.00 per year. however the road appears to be adopted by the local council now. I would double check with the council and if they know ask them when it happened. Then answer the solicitors question 'do YOU know?' if you don't know (and why would you), say so and then add the other information but always caveat it as "it is information obtained from the local council" transferring liability to the council for errors.

[enaid]

Re: Restrictive Covenant Question

Very interesting subject actually and some people have really come unstuck by ignoring it.
I thought reading it, the onus was on the property owners until the road was adopted by the council say. I think it was mainly to ensure when estates were built the contractors left the road in a suitable state to be adopted.

[Peridot]

Re: Restrictive Covenant Question

Hi,
From a practical point of view, if you don't know then that's what you say to the buyers solicitors. You are selling the property as executors not owners so almost a 'sold as seen' scenario, (unless of course you have some insider knowledge?). It is best not to investigate further as indicating what you 'believe' to be the current situation can be more problematic in the long run. Just indicate not known.
From an interest point of view new builds often have this sort of clause relating to roads and their maintenance initially, but generally the Council does adopt once the 'estate' is finished.
This is an historic document and I suspect the solicitors may not know the area where the property is, hence asking the question. Unless the property is on a private lane then it is doubtful it has not been adopted. It would therefore become the responsibility of the local Authority, not the home owners. However, as I mentioned at the beginning, if you are unsure it is for the buyers solicitor do the digging (so to speak) to find out not you. Never make an assumption, if you aren't sure.
Hope this helps.