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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3628
Experience:  Solicitors 2 years plus PQE
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We have a restriction on the property deeds thats dated

Customer Question

We have a restriction on the property deeds thats dated 1942. these states the following.
"No Caravan house-on-wheels or other chattel adapted or intended for use as a sleeping appartment nor any shows booths or boarding nor any advertising station shall be erected made placed or used or be allowed to remain upon the said premises nor shall the same be used for the storage of rubbish or building materials"
We would like to purchase a motorhome for weekend leasure trips and with no where on the road to park it would like to place it on our drive. Is this fesiable? If this need clarfication / authroisation, who would we contact as the company mentioned on the document (Hill Barn Estates (Lancing) Limited) are no longer aroubnd.
Kind Regards
Ian Ellaway
Submitted: 10 months ago.
Category: Law
Expert:  Alex J. replied 10 months ago.

Hi Thank you for your question and welcome. My name is ***** ***** I will assist you. This is a restrictive covenant so in theory the only party that can enforce that is the land that benefits from it or the person that was party to that conveyance. If the company that can enforce this no longer exists, then in all likelihood there will no one to enforce it. If you want to breach the restrictive covenant, you could obtain an indemnity insurance policy for this purpose - it has a one off premium, but it will protect you if anyone did come out of the wood work and sue you. Do you have any neighbours that are likely to see this and object?

Customer: replied 10 months ago.
I believe some would.
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. Technically there are two points to consider here assuming you cannot obtain consent from the covenant owner:

(i) If the neighbours objected would they be prepared to sue you to enforce the covenant - if the answer is yes then you would simply have to move the caravan before the matter reached court;

(ii) If the caravan is only for leisure then you may have an argument to say it does not even breach the covenant.

Bare in mind this is not something the council are likely to enforce - it is a private restrictive covenant.
Kind regards AJ

Customer: replied 10 months ago.
How do I find out if the beneficiary of the RC has been transferred to another party (I.e. The builder sold the company rights to another)
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. Do you know what the other company is called? There is no real way of checking this, save that if it had happened, it would have been done by an assignment which you would have received notice of for the assignment to be valid.

Customer: replied 10 months ago.
Ok, not received anything that I know of. I'll guess I'll have to do some more digging around. Thank your help on this
Expert:  Alex J. replied 10 months ago.

Hi, Please do not hesitate to contact me if I can assist any further. I would be most grateful if you would rate my answer in the mean time? Kind regards AJ

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