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wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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We are a management company responsible estate of private

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We are a management company responsible for an estate of private houses. Contained in each title deed of each house is a 27 page Deed of Conditions that both the house owners and the management company are bound to observe. Is the Deed of conditions an enforceable contract between the parties?
Hello. Have both the Company and each house owner given covenants to observe and perform the conditions? It sounds like they have, if it is referred to on their deeds, but please can you confirm? Thanks, WB
Customer: replied 2 years ago.

For the purposes of considering your reply please assume that convenants are in place.

Thanks - then the answer would seem fairly straight-forward. This sounds like a building scheme, with covenants and conditions in place to maintain the feel and integrity of the estate. I imagine that there are certain restrictive covenants (ie not to make alterations to a property without your consent) and these should be enforceable - I can't think why they wouldn't be provided that they are mentioned on the title (ie by reference to the Deed of Conditions). There may also be some positive covenants (ie to keep gardens neat and tidy) and provided that when they bought their properties each person signed a Deed of Covenant to observe and perform the Conditions, these will be enforceable in the way you need them to be. Does this help? Best, WB
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Customer: replied 2 years ago.

Your observations and comments are exactly as i expected and a help in dealing with one or two home owners on our Estate. Many thanks

Great - please don't forget to leave a rating for me, or JA won't pay me for helping you. Best, WB