covenant laws and enforcement

I once owned a house built in 1926, which was once the Duke of Sutherlands estate. There was a covenant that I could not erect a building to house people suffering from lunacy.

John.

So it must have been OK for the house owner to be a lunatic then. :lol-049:
 
Generally covenants where introduced before The Town and Country Planning Acts. Nowadays they are usually establisheed by developers to protect their interests when selling the properties,once a development is all sold they tend to lose interest and move on. That said professional legal help would give you a more positive result. However there is always some pain in the A who has more money than brains and nothing else to do,who would move Hell and High water.
 
Generally covenants........ are usually establisheed by developers to protect their interests when selling the properties,once a development is all sold they tend to lose interest and move on.

But remember, the covenant goes with the property, not the person, so it doesn't matter that the original developer may have lost interest - if the buyer wants to enforce the covenant he may.
 
Hi folk. Does anyone have any experience or knowledge of covenants on property?

We are interested in a house that has a covenant list as long as your arm and one of the restrictions is you are not allowed to park a caravan, boat or "dwelling on wheels" on your parking area. It is a barn convertion with allocated parking, the parking is at the rear of each property.
There are 7 properties in the development converted 11 years ago. We haved viewed 2 of them today, both owners have said that the other property owners are very nice and they can't see a problem if we asked, but we don't want to go down the line of buying one only to be told no!
I always understood that it was the developer who enforces them, In this case the builder owns a fishing lake and club boardering the properties, would it be worth contacting him to get written permission?

Any advice would be much appreciated
Lotty

You would be best off getting proper legal advice rather than opinions on here,you will use a Solicitor [probably] if you decide to buy the property so you will have access to proper advice, a friend of mine lived in the lower half of a house , an apartment and the Ist floor was another apartment, there was a covenant there that said one could not have a Caravan or Motorhome on the premises, my friend had a Motorhome and kept it happily one the drive for several years, the lady in the top floor apartment had no objections and they lived happily like that, then one day the Neighbour said that her Daughter said that he could not keep the van on the drive any longer, [The Daughter did not live there ]so he then had to leave the van outside in the road, ridiculous but there you are.
 
well the best thing to do is put a county on here and max budget and min specs required and see what we come up with you never know locals might have some thing they can offer you you can look on line and discount the one you dislike you never know local or peeps passing something on thier travels might be able to help you out
 
Hello, I am a solicitor - depending on how the covenants are drawn they are normally enforceable by any of the residents against each other. As the estate agent says, it does depend entirely on how co-operative the neighbours are.
Please bear in mind that unless the covenant itself is legally surrendered by the other owners it would still be possible for a new owner to enforce it once they have purchased.

PETER
 

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