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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I am at a very early stage of having my offer excepted to buying

Customer Question

I am at a very early stage of having my offer excepted to buying an 1950's built ex authority house in east cornwall, to use as a holiday let, the selling agent has assured me that there is no restriction of use (section 157) on the property! however I am rather dubious to this as I have since discovered that the neighbouring property in the same terrace does indeed have this restriction. How can I find out without incurring any expences, an advisor has said that it may not necessarily show up on the deeds and that a search would need to be carried out? I have also asked the cornwall council but they say that they do not provide any info going back that far and that it should be in the deeds! What is this in the form of? is it a covenant and if so should this not appear on the deeds?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.

ajlaj01 :

Hi, Thank you for your question and welcome to Just Answer. If there is a restriction on the property for use as a holiday let and you are sure it is not in the lease, then it may be contained in the title of the property as a "Restrictive Covenant". To find this out you would need to obtain the Official Copy of the Property from the Land Registry. The restrictive covenants will be contained on this, it is normally only a short document with about three pages. If such a restriction does exist you can obtain an indemnity insurance policy for a very reasonable sum, which is a one off payment of normally a few hundred pounds and this should protect you. It may also be that the person capable of enforcing the covenant may now be dead or no longer in existence and therefore your could get away with doing nothing. I look forward to hearing from you. Kind regards AJ

JACUSTOMER-ermzlgt1- :

I am confused I was addressing the issue on section 157 Housing Act! right to buy scheme where council property was sold off.

JACUSTOMER-ermzlgt1- :

The properties were sold with the 157 clause, but I want to know if they all had this restriction and did this apply to pre 1985?

Alex J. :

Hi, Thank you. The restriction should be contained on the Official Copy. When did you buy the property?

JACUSTOMER-ermzlgt1- :

I emphasised that I am at the early stages of purchasing the property!

Alex J. :

Hi, Sorry my apologies, what I meant is has the property been bought or sold since 2003. If it has then it will have become a registerable interest and all the information you need will be on the Official Copy at the Land Registry, this means you wont need to review all the deeds and can make a decision on whether it will be worth spending money on an advisor to investigate the title and restrictions on it. Kind regards AJ

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