Solicitor discusses old restrictive covenants

When handling the legal work for a house purchase, often find that properties are subject to restrictive covenants contained in old title deeds. These covenants may seem archaic to modern home owners, but Eastbourne Property Lawyers advise purchasers that they may still be enforceable and cannot be ignored.

Solicitors will now find if a house in Eastbourne was subject to covenants in the past when checking a copy of the property’s title at the land registry. Details of any such covenants are set out in the register, so when Property Lawyers are carrying out Conveyancing for a buyer they will be able to see a full copy.

Eastbourne was developed in the mid-nineteenth century, and at that time much of the land in the area was owned by a few landowners. These owners sought to ensure that when they sold land for residential development they retained some control over the design and future use of properties. Their lawyers therefore included covenants in land conveyances, prohibiting houses to be used other than as private residential property and restricting further development or alterations without the original landowner’s consent.

Although these covenants may have been imposed many years ago, they are still binding on home owners, and they cannot be ignored. The successors of the original landowner may still own land which could benefit from the covenants, and adjoining property owners whose houses are subject to the same covenants may also be able to enforce them.

Throwback to 19th Century

One of the large estates in Eastbourne was that belonging to the Davies Gilbert family, and the following is a copy of the covenants which were imposed by them on the sale of a home near Lewes Road:

“A Conveyance dated 21 August 1899 made between (1) Carew Davies Gilbert and (2) Thomas Dennison contains covenants details of which are set out in the schedule hereto.

... And the said Thomas Dennison for himself his heirs executors administrators and assigns hereby covenants with the said Carew Davies Gilbert his heirs and assigns owner or owners for the time being of the Gilbert Estate at Eastbourne aforesaid or any part thereof for the time being remaining as such and so that the burden of this covenant shall run with the land hereby conveyed and every part thereof and the benefit thereof shall run with the lands comprising the Gilbert Estate at Eastbourne and every part thereof for the time being remaining as such in manner following (that is to say) Not to make any alteration in the structure or elevation of any message building or walls nor to erect any other messuage building or wall on the premises hereby conveyed except with the previous consent in writing of the said Carew Davies Gilbert his heirs or assigns owner or owners as aforesaid Also to pay a proportionate part (to be settled by the Surveyor for the time being of the said Gilbert Estate at Eastbourne aforesaid or any part thereof remaining as such in case the parties differ) of the expense of making maintaining and cleansing all party walls party structures fences sewers drains watercourses and other conveniences and easements to be used by the occupiers of the said premises hereby conveyed or any part thereof and of other contiguous property now or for the time being belonging to the said Carew Davies Gilbert his heirs or assigns owner or owners as aforesaid Also to permit the said Carew Davies Gilbert his heirs or assigns owner or owners as aforesaid and the owner or occupier of any adjoining messuage or building to use any drains which may be from time to time upon or pass through the premises hereby conveyed upon paying a proportionate part of the expense of keeping such drains in repair such proportion to be settled by the said Surveyor if the parties differ Also to permit the said Carew Davies Gilbert his heirs and assigns owner or owners as aforesaid and any tenant or occupier of any adjoining messuage building or land now or for the time being belonging to him or them and any workmen employed by him or them respectively at reasonable times during the day time to come upon the said premises hereby conveyed or any part thereof to repair such adjoining messuage or building whenever occasion shall require Not to carry on or permit to be carried on any trade business or occupation upon the said premises hereby conveyed or any part thereof nor use or permit to be used the same otherwise than as and for a private dwelling house Not to do or suffer anything upon the said premises which may be or become a nuisance annoyance damage or disturbance to the said Carew Davies Gilbert his heirs and assigns owner or owners as aforesaid or his or their Tenants."

Despite the old-fashioned legal phrasing, these documents can still expose an unprepared homebuyer to both significant hassle and cost.

The matter should proceed smoothly despite these older covenants - Be sure to instruct a Solicitor with local knowledge, for your Conveyancing in Eastbourne, who will advise as to how your interests in regard to these can be protected.