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I own property having a restrictive covenant dated 1924 "The purchasers for themselves their heirs executors administrators and assigns hereby jointly and severally covenant with the vendors their heirs executors administrators and assigns that they the purchasers and the persons deriving title under them will observe and perform the following covenants: 1. THAT no building shall be erected ...unless approved by the Vendors. 2. No hospitals. 3. No annoying trades. I can understand that the covenants 2 and 3 were intended to run forever. On the other hand the Vendors are specifically defined in the Title as JJW and AW and 1. does not mention any heirs or successors. Assuming the two Vendors were both over 21 in 1924 (but likely much older) they would now be over 111 years, and so deceased. As such it would be impossible to get any approval from them. Is 1. (the restriction on building) therefore void and can be ignored? Does Churchill V Temple (2011) 17 EG 72 apply?
No problem. I will wait.
No it is one property having two named joint vendors JJW and AW in 1924.
There is only one property with one title, extracts from which I have given. At present there is one house on the land plus two large block built agricultural sheds. In 1924 there were no buildings on the land. The house was built in 1951. There is no evidence in the paper deeds that any approval was sought from any previous owner. The same applies to the agricultural buildings erected in 1977.
We have planning to put further houses on the land. It has been suggested that the solicitors of potential purchasers of the new houses might require to see permission as to type or design of houses from the "vendors" of 1924.I should perhaps have said that the 1924 covenant does not prohibit building but requires the approval of the "vendors" to the "plans elevations and sections" of new buildings. The question is whether or not the covenant dies when the "vendors" die?
one hundred and fifty houses
Dear Clare, Thank you for your very sound advice. If we do get a Declaration would this be entered on the title by the Land Registry? Do you have any idea of a ball park figure for the legal costs of getting a Declaration?