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Joshua, Lawyer
Category: Law
Satisfied Customers: 32218
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I’d like to speak to someone reference the wording on my

Customer Question

I’d like to speak to someone reference the wording on my title deeds
JA: Where are you? It matters because laws vary by location.
Customer: kent
JA: What steps have you taken so far?
Customer: nothing as yet. Want to build an extension on a new build estate and need to make sure there is nothing in the deeds to prevent this
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no that’s it
Submitted: 13 days ago.
Category: Law
Expert:  Joshua replied 13 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 13 days ago.

how may I assist in relation to the above please? Do you perhaps have a copy of your title entries available to upload?

Customer: replied 13 days ago.
I don’t have a digital copy but have sent you a photo of the covenant. Item 5. I’m a little unsure what this means. We have a detached house with an attached garage which sits back from the front elevation. We also own our driveway in front of the garage. We are wanting to extend our home over the garage and bring the garage forward also, but not to the same level as the property boundary. Unsure whether this covenant allows us too
Expert:  Joshua replied 13 days ago.

thank you. Is the extension to be built to the rear of your property or to the front of your property or both please?

Customer: replied 13 days ago.
This is our current house
Customer: replied 13 days ago.
This is what we want to build
Customer: replied 13 days ago.
Extension is to the front and rear and above of the existing garage, but not past our house front wall; garage will sit back slightly
Customer: replied 13 days ago.
I’m specifically concerned with number 5 on the deed
Expert:  Joshua replied 13 days ago.

thank you. Having undertaken a spot the difference exercise, so far as I can see, what is proposed here is a first storey side extension whereby you are adding an extra room or rooms to the first floor of your property not building forward of the existing elevation of the property.

As a result, I cannot see that you are building forward of the current building line which would constitute the front elevation of your property as it currently exists and as such, I cannot see that paragraph 5 of the covenants would apply.

However, paragraph 2 of the third schedule in particular, paragraph 2(c) would appear to be relevant in so far as they require you to obtain consent of the transfer or but only in so far as the alterations have been carried out within two years of the date of the original transfer which of course may not be the case

Customer: replied 13 days ago.
The deeds were drafted December 2015 and we have been in the property for 6.5 years so hoping that we wouldn’t have an issue
Expert:  Joshua replied 13 days ago.

that is good news. In the case, I cannot see that any of the covenants you have kindly posted would catch the work you propose to carry out

Customer: replied 13 days ago.
That’s great thanks very much
Expert:  Joshua replied 13 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 12 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.