Freehold AND leasehold property- covenant restrictions

Owning the land doesn't free you from the covenants because they exist to benefit other people.

Sounds like it's share if freehold....common with flats or maisonettes

Owning the land doesn't free you from the covenants because they exist to benefit other people.

What, even if the surrounding properties could have been demolished years ago?

Well, yes, they exist to benefit other people and you are not legally free from them.

Of course if you breach them then nothing will happen unless someone seeks to have them legally enforced.

And you are free to seek to have them lifted (I can't remember how exactly, I've got high court in my head for some reason, but that seems unreasonably onerous...)

For example, I (and all my neighbours) have a covenant about having to keep a stone dwarf wall at the front of our property. If I take mine down nothing will happen unless one of the neighbours wishes to have the covenant enforced and takes the necessary legal action.

What if you buy a freehold property and the restrictive covenants state you can't convert the property into flats, do these covenants still apply as you will now be the new freeholder?

Many restrictive covenants were made centuries ago, so surely references to chattel and no grazing etc. on your own freehold land, are obsolete, aren't they?

If you buy your own property's freehold reversion:

a. the pre-existing leasehold covenants cannot be enforced by the vendor thereof nor by its successors; but

b. such covenants are occasionally enforceable by neighbouring owners; and

c. a few rogue freehold reversioners seek to stick on brand-new freehold covenants; resist them.

finding it tricky to get in touch with freeholder!

finding it tricky to get in touch with freeholder!

You would also find it tricky to drive if you hadnt got a licence.

Thats why we employ soilcitors

Need a patio doing next week when youre free

finding it tricky to get in touch with freeholder!

Is the freeholder:

a. unknown (e.g. not registered at HMLR); or

b. known but just slow to reply?

Is the freeholder:

a. unknown (e.g. not registered at HMLR); or

b. known but just slow to reply?

slow to reply ,how long would I have to wait for a reply before taking it to the next step?

finding it tricky to get in touch with freeholder!

Is the freeholder:

a. unknown (e.g. not registered at HMLR); or

b. known but just slow to reply?

slow to reply ,how long would I have to wait for a reply before taking it to the next step?

It depends on why you contacted the freeholder [F]. If it was

a. to serve Notice of Claim (e.g. seeking to buy the freehold reversion), F has two months within which to reply. This is statutory; or

b. to seek consent (e.g. for alterations), there is no statutory time limit- but anything over a month tends to be considered as unreasonable delay.

It depends on why you contacted the freeholder [F]. If it was

a. to serve Notice of Claim (e.g. seeking to buy the freehold reversion), F has two months within which to reply. This is statutory; or

b. to seek consent (e.g. for alterations), there is no statutory time limit- but anything over a month tends to be considered as unreasonable delay.

looking to buy freehold ,i sent them a letter to inform them i was interested in purchasing the freehold .do you think 2 months is still a reasonable amount of time?

What if you buy a freehold property and the restrictive covenants state you can't convert the property into flats, do these covenants still apply as you will now be the new freeholder?

Many restrictive covenants were made centuries ago, so surely references to chattel and no grazing etc. on your own freehold land, are obsolete, aren't they?

Of course this isn't outdated, people still keep chickens, pigs, goats etc. Part of our land is residential curtilage and part isn't. The part that isn't can be used for keeping animals, grazing etc.

We have had two freehold houses with covenants on them. We used to own one built in the 50s and one built in 1992.