Conveyancing in Bishop Auckland - restrictive covenants investigated

Conveyancing Solicitors in Bishop Auckland find that the titles of many houses in the area are subject to restrictive covenants contained in old title deeds. When Fridaysmove Conveyancing Solicitor Matt Rumbold was acting for the buyers of a detached house in Bishop Auckland, he noted that some covenants were set out in the title register.

Such covenants or obligations are frequently imposed on buyers when houses are first sold. Often this is done by developers who wish to ensure that the general amenities of an estate are preserved, so unauthorised alterations are not allowed and activities which would detract from the general look of the area are prohibited.

Covenants such as this will continue to bind successive owners, so when acting for house-buyers Conveyancing Solicitors will want to check that the sellers have not done anything which would constitute a breach of one of these covenants. However where the covenants were originally imposed many years ago, it may be difficult to know whether anyone could still enforce the covenants.

The Local Bishop Auckland Solicitors for the other side sent a copy of the registered title. This set out the covenants affecting the property, which were imposed in 1921, and were as follows:

“Not more than one dwelling house shall be erected on land sold without leave in writing of Vendor or his agent for time being and front of houses shall be in line with each other as shown on estate plan and no house or building shall be erected until a plan in duplicate of proposed elevation with materials proposed to be used clearly coloured and described on such plan shall have been previously submitted to and approved by Vendor or his agent Such approval to be testified by his signing said plan no dwelling house shall be erected of a less value than £800 exclusive of value of site

The Purchaser his heirs or assigns shall not at any time hereafter use exercise or carry on or permit or suffer to be used exercised or carried on in or upon the said land or other building thereon any manufactory trade business or employment whatsoever and the said premises shall be used as a private dwelling house only except with previous consent in writing of Vendor and no building shall at any time be used for the sale manufacture storage or supply of ale beer wines spirits or other intoxicating liquors or as a club or school without previous consent in writing of Vendor and no building shall be used as a nursing home or place for the reception of persons of unsound mind or body or as a childrens home or orphanage.”

There was no evidence that the plans of the house had been approved by the original vendor as required by the first clause, but in view of the age of the property and the fact that it did not appear to have been altered since first built, it was considered that this was not a problem. It has to be assumed that if the original seller had not approved the plans, he could hardly do anything about it some 90 years later! The house had clearly only been used as a private ‘dwelling house’, so there was no other breach of covenant.

Often when there appears to be a breach of such covenants, buyers’ Conveyancing Solicitors will recommend that an indemnity insurance policy is obtained. This will protect the buyer and any mortgage lender should someone take legal action, and the policy can be passed on to a subsequent buyer. A one-off premium has to be paid, this is usually quite small as insurers consider the risks to be low.

A coal-mining search was also carried out, which confirmed that there were no records of the property having suffered subsidence or being likely to be affected in the future.
The local searches from Durham County Council did not show anything of concern, and so contracts were soon exchanged and the purchase completed to the buyers’ satisfaction.

For prompt Conveyancing in Bishop Auckland from a Fridaysmove Conveyancing Solicitor get a quote now.