Is your Nottingham property affected by old covenants?

Nottingham Conveyancing of property subject to old covenant

Homebuyers are often puzzled when their Solicitor Conveyancing in Nottingham informs them that the house is subject to covenants or restrictions contained in an old deed. They want to know whether these restrictions are important, and if they will affect the purchase.

These covenants are found on houses of all ages in Nottingham, from newly built homes to Victorian properties. Covenants are a form of agreement between a house buyer and the seller, contained in the transfer or conveyance deed, and will bind both parties while the original buyer owns the property. However, in English law, if covenants are deemed to be ‘restrictive’ or negative in nature then they will be said to ‘run with the land’ and will bind successive owners. A typical example of such a covenant is one not to use a property other than as a single private dwelling house; as long as the house remains as a single dwelling there is no problem, but if the house is converted into two flats there would be a breach of covenant.

Of course it is often difficult or impossible to know who would now be entitled to enforce the covenants. The original seller may long since be dead, or have moved away. While the law does enable someone who owns land which originally benefited from the covenant to take action, it may be uncertain what land was intended to benefit. Therefore where older properties in Nottingham are subject to these covenants, there is a tendency to assume that they are now irrelevant and could not be enforced. However that is not always the case, and there are some parts of Nottingham, such as West Bridgford, where the existence of these covenants has been important in preserving the look of the area.

An example of Nottingham Covenants

This is a copy of the covenants affecting a West Bridgford, Nottingham house:

“A Conveyance of the land in this title and other land dated 22 March 1927 made between (1) William Francis Goodliffe (Vendor) and (2) James Quinn (Purchaser) contains the following covenants:-

FURTHER COVENANT by the Purchaser with the Vendor that he the Purchaser and the persons deriving title under him would within 3 calendar months from the date thereof erect or make and for ever thereafter maintain and keep a good and substantial wall post rail quick or other permanent fence to the reasonable satisfaction of the Vendor or his Surveyor along the whole extent of the side of the said piece of land marked on the said plan with a "T" inwards but exclusive of the portion thereof forming a moiety of Carlyle Road aforesaid AND ALSO THAT no building other than private residences with suitable out-offices should be erected on the piece of land thereby conveyed and also that no trade or business whatsoever should be carried on on the piece of land thereby conveyed or in any building to be erected thereon but the same should be used for private dwelling houses only AND ALSO THAT NO building should be erected nearer to Carlyle Road aforesaid than 10 feet or to Loughborough Road aforesaid than 25 feet except that any dwelling house fronting to Carlyle Road aforesaid may have a bay window or bay windows projecting beyond the said 10 feet building line AND ALSO THAT any residence erected within 50 yards of Loughborough Road aforesaid should be of not less annual value than £30.”

These are typical of the type of covenants imposed in the days before planning legislation, and are very unlikely to worry a house-buyer. The house and fences or other boundaries will have long since been erected, and the buyer usually has no intention of using the property other than as a private house. However, Conveyancing Solicitors do have to be aware that a buyer might have something in mind that he has not mentioned – for instance the buyer of a large old house may be thinking of converting it into flats, or knocking it down in order to build several smaller houses, so Conveyancing Solicitors have to advise clients of the existence of these covenants.

Buyers who are thinking of carrying out work may think that old covenants can be safely ignored, but such covenants may be enforceable by adjoining owners if all the houses on a development were made subject to the same covenants. Also the fact that covenants were imposed many years ago and may seem to be out-of-date does not mean that they cannot be enforced, and cases have arisen where substantial developments have been stopped, even when they have got planning permission, because an adjoining owner has obtained a court injunction. It is possible to apply for an order to set aside covenants, so anyone buying a house in Nottingham who is thinking of redeveloping it should discuss this with their Conveyancing Solicitor.

Another example of complex restrictions

These are some covenants imposed in a land transfer by Nottingham Council in 1938, and are typical of the lengthy wording often encountered in old property deeds. Although the name of the Council may have changed, the present Nottingham City Council could still enforce the covenants:

“1. Not to erect upon the said land hereby conveyed or any part thereof any buildings or erections other than detached or semi-detached dwelling houses in accordance with plans elevations and specifications to be previously submitted to and approved by the Nottingham Corporation Estates Committee Each dwelling house shall be of not less than twelve thousand cubic feet and the front elevation thereof shall be built of facing bricks of best quality or stucco to the satisfaction of the Vendors

2. Not to erect anything except fences or walls in advance of the building lines of seventeen feet prescribed by the Local Authority

3. The boundary walls abutting upon the said roads shall be built of stone brick or close boarded fences

4. Forthwith to erect and for ever hereafter to maintain sufficient fences to the satisfaction of the Vendors along the Northern and Western boundaries of the said piece of land

5. Walls or fences between a road and building line shall be of not more than four feet six inches in height and those in the rear of the building line shall be not less than three feet six inches nor more than six feet in height

6. Not at any time to use any building upon the said land hereby conveyed for the purpose of any trade manufacture profession or business of any description or anything in the nature thereof or having the appearance or show thereof (except the profession of a doctor without resident patients) nor to use the same as an asylum hospital or other charitable institution nor permit the same to be used by any public body or society nor as a church chapel school or mission hall nor as a lodging or boarding house nor as tea gardens or an hotel public house or tavern or for the sale of beer wine or spirits or as a place of public amusement or resort nor a club nor for any purpose which in the opinion of the Estates Committee or the Corporation of the Vendors shall or may be or grow to be in any way a nuisance damage grievance or annoyance to the Corporation or their assigns the Vendors or the owners or tenants of any neighbouring property or the neighbourhood or which might tend to depreciate or lessen the value of the property belonging to the Corporation or the Vendors or any part thereof

7. Until dwelling houses should have been erected as aforesaid to keep the land in good condition free from rubbish and waste

8. The Purchasers should pay the cost of making and completing the portions of the said roads included in this Conveyance amounting to Two thousand four hundred and twenty pounds and such sum shall be paid as to one half thereof so soon as the same have been excavated formed sewered provided with necessary surface water drains manholes branches and road gullies with one length of curb to each gulley and pitched with Hardcore sand the remaining half part thereof when the same have been completed to the satisfaction of the Local Authority and upon production of evidence to that effect And after completion and until the same are adopted by the Local Authority the Purchasers shall bear and pay the cost of repairing and maintaining the same And the cost as aforesaid of making and completing the portions of the proposed roads shall so soon as the same shall have been completed as aforesaid and until payment be a first charge upon the land the subject of this Conveyance with interest thereon at the rate of Four pounds per centum per annum from the date of demand for payment by the Vendors until payment

9. The Purchasers and the persons deriving title under them should not be or become entitled to any right of light or air or other easement in respect of the land hereby conveyed to them which would in any way prejudicially affect the free and unrestricted user by the Vendors and their immediate predecessors in title and the persons deriving title under them respectively of any adjoining or neighbouring property belonging to them respectively for building or other purposes

10. The Vendors should not by virtue of this Conveyance be under obligation to impose the above stipulations conditions and restrictions or any of them when selling or otherwise dealing with their other land in the neighbourhood and shall not by virtue of this Conveyance be subject thereto whilst retaining such land.”

Then what steps can I take when buying in Nottingham?

These examples give an indication of the importance of good legal advice when transacting property - there may simply be too many unknowns to risk such a major purchase without a Qualified Conveyancing Solicitor. Call us for Nottingham Conveyancing advice on 0330 660 0286, or instruct online.