Conveyancing in Newcastle - Advice on Restrictive Covenants

When Fridaysmove Newcastle Conveyancing Solicitor Bipin Vaghela was handling the purchase of a house in Goswick Drive, Newcastle upon Tyne, Tyne and Wear, NE3, he was able to advise the buyer about some restrictive covenants affecting the property. Covenants often affect residential properties and can present problems for property owners.

The Gosforth office of YourMove agents confirmed the details of the price and the seller's Conveyancing Solicitors were Dale-Lace & Co of Beaconsfield. The copy of the Land Registry title which was sent with the draft contract stated that the property was subject to restrictive covenants imposed in a Conveyance dated October 1960. Bipin asked the seller's Solicitors to supply a copy of the Conveyance for the full wording of the covenants.

Restrictive covenants or restrictions are legal obligations imposed on a property restricting any owner of that property from carrying out specified works or actions on the property. For example they might state that the owner cannot erect more than one house on the land, or that the owner must not do anything to cause nuisance to owners of adjacent property.

These covenants can be enforceable against successive owners, so the fact that the covenants in this case were originally imposed some 50 years ago does not mean that they could now be ignored. It is often difficult to know who can enforce such covenants, but it must generally be assumed that it will be possible for someone to take enforcement action even if they cannot be identified.

A common problem area nowadays is that many properties have been extended, often quite substantially. However it is common to find that deeds contain covenants prohibiting extensions or alterations to the exterior without the consent of the original landowner or developer. Consequently where a house has been extended without such consent, there is a potential breach of covenant. If the covenant was imposed many years ago it will often be difficult to know who could now give any such consent.

Purchaser's Conveyancing Solicitors will ask for confirmation from the sellers that no works have been carried out which might breach the covenants, and will carry out other checks. If it appears that there is a potential breach then the seller will be asked to pay the premium for an indemnity insurance policy protecting the buyer (and any mortgagee) if enforcement action is begun after the purcahse has been completed.

The sellers stated that they were not aware of any breach of covenants, and Bipin could not see any evidence of planning consent for works that could have constituted a breach. He advised the buyers of the existence of the covenants, and they were therefore able to complete without delay.

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