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Clare
Clare, Solicitor
Category: Law
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Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I own property having a restrictive covenant dated 1924

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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?

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a 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.
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Nicola
Customer: replied 2 years ago.

No problem. I will wait.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

OK

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does the conveyance relate to two single properties?
Clare
Customer: replied 2 years ago.

No it is one property having two named joint vendors JJW and AW in 1924.

Expert:  Clare replied 2 years ago.
Hi
I am sorry - what I meant is are we talking about two properties only - or was the land which is bound by the Covenant used for more than one house?
Clare
Customer: replied 2 years ago.

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.

Expert:  Clare replied 2 years ago.
Hi
Excellent thank you.
Just to check - why has this become a problem now?
Clare
Customer: replied 2 years ago.

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?

Expert:  Clare replied 2 years ago.
Hi
Ah I see.
How many properties (roughly)
Clare
Customer: replied 2 years ago.

one hundred and fifty houses

Expert:  Clare replied 2 years ago.
Hi
I see
There is much about your case which is on all fours with Churchill V Temple and on that basis there is a good chance that you would be successful if the matter goes to court.
Having said that I think it will be a matter of obtaining a Declaration that the Covenant is no longer "live" - or an Indemnity Policy regarding this as it is absolutely certain that this will be raised by any solicitor acting for the purchaser
Please ask if you need further details
Clare
Customer: replied 2 years ago.

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?

Expert:  Clare replied 2 years ago.
Hi
It will not be entered on the Register - you will simply have evidence that it is no longer valid.
I suspect it will cost upwards of £5,000 but that is a very rough guess
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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