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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I am researching whether or not a restrictive covenant relating to a h

Customer Question

I am researching whether or not a restrictive covenant relating to a house (freehold title)I am purchasing in Norfolk would prevent it being used for occasional paid holiday let purposes. It seems to be a fairly standard clause now - property about 30 years old, part of a very small development of houses. The exact wording: 'Not to carry on or permit to be carried on upon the property any trade or business whatsoever and not to permit the same to be used for any purpose other than that of a private dwelling house.' I don't think the often cited case of Caradon District Council v Paton; Same v Bussell: CA (Clarke and Latham LJJ): 10 May 2000 necessarily applies because that judgement was very much focused around council policy of preserving ex-council houses for traditional dwelling and not holiday lets. There are no such policy considerations attached to the house I am interested in as it has always been privately owned. Even IF it did apply, who could enforce it?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Do you know who is entitled to enforce the restrictive covenant? Are they still alive?
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ,

The development of five houses was built in 1982 by a reputable North Norfolk building company, not one of the major/well known outfits but a Norfolk based medium sized operation. According to the Estate Agents the company are still in existence but may well have changed structure/ownership since the house was built. My problem is that I am receiving mixed/conflicting advice. I have looked at case law regarding ex-council house (freehold) and leasehold properties which seem quite straightforward. I will be purchasing the house primarily as a second home but want also to utilise it as a holiday for part of the year so that it becomes more or less self-funding. If doubt remains I have read that I may be able to obtain indemnity insurance as an added protection if anybody were to attempt to enforce the restriction. Even if there is doubt I wonder who could enforce it, in what circumstances, how and would they be likely to succeed? I have looked at a random selection of freehold titles and the clause crops up all the time......on that basis nobody could ever rent their property out as a holiday let...and yet Norfolk (and elsewhere no doubt) is littered with them!?

David

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

I am happy to wait in order to obtain an answer from somebody with the right expertise - but I would be grateful for a likely timescale

Thank you

Customer: replied 2 years ago.

Hello,

Can you answer my question please.....yes I am prepared to wait for an answer form suitably qualified person....but how long?

Thank you

David

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
I'm afraid JustAnswer cannot guarantee a time; however most questions are answered in a timely manner.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

I really need an answer by Monday 19 January 2015

Thank you

David

Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

No lets close the question - how do I get a refund please?

David

Expert:  Nicola-mod replied 2 years ago.
Hello,
I will process the refund for you.
I'm very sorry we could not help on this occasion.
Thank you,
Nicola

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