PROPERTY
Is your property
affected by
restrictive
covenants?
Contact: Mark or Terence Willey
Tel: (01983) 611888 or 875859
Terence Willey
Website: www.terencewilley.co.uk
Whilst you may be aware that
your property is affected by
covenants, the vast majority
of people would not be able
to easily recall them, or
would fail to address them
when altering or extending
their property. It is therefore
imperative if you are
contemplating any change of
usage, alteration or addition
to your property whatsoever
you should first check your
Title Deeds to see if there are
any covenants which would
first require consent prior
to undertaking any work.
Restrictive Covenants are
often imposed on Titles by
the original Developer of
your property as an extension
of conditions imposed on
Planning Permissions. For
example, in preserving an
open space policy to the
front of your property, a
condition would be imposed
to prohibit any building,
structure, or fences or the
growing of trees, shrubs and
plants above a certain height.
These restrictions are often
carried forward in the original
Transfer from the Developer
and therefore appear on your
Title. Furthermore restrictions
www.wightfrog.com/islandlife
are often imposed
prohibiting the erection
of any further buildings
on the land and requiring
specific consents for the
erections of sheds, summer
houses and conservatories
all intended to preserve the
overall residential usage of
the land and property in your
area and not to create over
development.
It is therefore wise to
spend time in examining
your Title Deeds to check
that there are no such
Restrictive Covenants
specifically imposed before
contemplating any works
to your property or land.
If however, you choose to
ignore or overlook them it
can prove costly in seeking
retrospective consent and
approval. Almost certainly
upon contemplating a sale
a buyer in discovering that
your property is so affected
life
by restrictive covenants, would
raise specific enquiries as to
whether the appropriate written
consents had been obtained. If
such evidence is not available
then you could well be drawn
into the expense of having to
trace the person or persons who
hold the benefit of the imposed
covenants to seek retrospective
approval, or where such person
cannot be traced, a restrictive
covenant insurance indemnity
policy would have to be taken
out. In both circumstances
this almost certainly would
prove costly to you and would
have to be resolved before the
sale of your property could be
completed.
If you have any concerns as
to your property and restrictive
covenants, so affecting it, then
we would be pleased to offer
you an initial appointment
without obligation.
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