Transfer of covenants. ACADEMIC, I hope.

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jonahinoz
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Joined: Fri Aug 05, 2011 5:15 pm

Transfer of covenants. ACADEMIC, I hope.

Post by jonahinoz » Sun Oct 07, 2018 1:56 pm

Hi,

My new (to me) bungalow was built in the mid-1980s on land acquired from the Local Development Thingy. Please excuse my ignorance, I do not have the paperwork to hand. There were several restrictive covenants, EG: No TV aerials. Apparently there is also maybe a restrictive covenant that nobody knows anything about, apart from a reference to it in the Land Register. I believe the vendor took out indemnity insurance.

The Local Development Thingy no longer exists. I was advised by a respected member of this forum, that there was nobody to enforce the covenants. Immediately after moving in, I had two TV aerials errected.

I have since been informed by a neighbour that all the benefits of the covenants were taken over by another organisation. Can they do that? My neighbour told me that the advent of satellite TV made the 1980s TV cables redundant. Apparently I should write to the new beneficiaries of the covenant asking for permission to erect TV aerials, and it will be granted.

Yesterday, knock on door. Bloke with an identity card told me that he had come to check that the underground pipe in my front garden was clear. I didn't know I had an underground pipe, nor that there were two hatches at the bottom of my walls. It seems that somebody is going to install new cables.

Should I be worried?

602

ukmicky
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Re: Transfer of covenants. ACADEMIC, I hope.

Post by ukmicky » Sun Oct 07, 2018 4:12 pm

Yes with many of these development schemes the benefit of the covenants transferred to the councils , housing associations etc when the original development organisations shut up shop. If it was a proper registered development scheme which it sounds like it was, the benefit of all covenants were also given to all your neighbours on the sale of the 1st property so the previous advice may not be 100 percent accurate. .

Covenants that restrict Ariel's normally occurred where the houses were built with Ariel connections hard wired into the house to preserve the clean look of the houses and area which is probably why you have that underground pipework as they had to give you a means to obtain TV reception.

As satellite dishes become a common attachment to our houses the covenant restricting Ariel's become nonsensical and the old Ariel wiring was left to rot in the pipes or was removed . In the beginning councils still asked for permission to erect an Ariel's which was freely given but these days most councils do not require home owners to ask for permission to erect an Ariel and do not enforce the covenants.

It would be very hard and practically impossible for anyone council or neighbour to justify enforcing such a covenant these days as satellite dishes have now become common place on our walls and if the Ariel wiring has been removed you no longer have a hard wired Ariel connection which would make it unenforceable .

If you want to be sure go on the website for the council or organisation and they will most likely mention something in regards to your covenants.

The pipework that was once used for normal terestrial tv is now where possible being used for cable TV which means they will not have to did up the roads and pavements ,which is probably why that bloke came to check the pipework from free of old cable.
Last edited by ukmicky on Sun Oct 07, 2018 4:34 pm, edited 2 times in total.
Any information provided is not legal advice and you are advised to gain a professional opinion

cleo5
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Joined: Mon May 18, 2015 12:33 pm

Re: Transfer of covenants. ACADEMIC, I hope.

Post by cleo5 » Sun Oct 07, 2018 4:28 pm

No don,t worry.
Download a copy of your conveyance from the land registry , will cost afew pounds, and see what exactly is the wording restrictive covenants relating to your peroperty. I hardly think a restricive covenant can be "passed on" unless theproperty is leasehold....in which case the freehold may have been bought out.
Others with expertise will adviseyou.
There should be some description of pipes and whether someone else has right to enteryour land to inspect or lay pipes onyour conveyance.

Do not permit anyone to do anything without checking everything first.
Water, electrics and phone people will have identification and documentation of what they wish to do.

cleo5
Posts: 339
Joined: Mon May 18, 2015 12:33 pm

Re: Transfer of covenants. ACADEMIC, I hope.

Post by cleo5 » Sun Oct 07, 2018 4:32 pm

Gnore myreply as youhave already had yourquestion answered.
I was thinking along different lines.

jonahinoz
Posts: 1547
Joined: Fri Aug 05, 2011 5:15 pm

Re: Transfer of covenants. ACADEMIC, I hope.

Post by jonahinoz » Mon Oct 08, 2018 7:22 am

Hi Both,

While I prefer Cleo5's answer, I will follow my normal policy ... "When ignorant, play safe!" I think I have the Land Register docs still buried under the dregs of our house move. It wasn't until late on Friday that we knew we were moving on the following Tuesday. The need for four knee replacements has slowed down the post-move tidy-up.

I think we also have the "LR documents on file" that we did not receive from our lenders until the last couple of minutes.

Being 79 and 76, we went "out on a limb" to move into a bungalow nearer to our daughter. Lifetime Mortgage at 3.9%, interest only ... if we feel like paying it. SWMBO only agreed provided that we don't let the interest roll-up.

I think you are saying that even though the beneficiary of a covenant has ceeased to exist (ceased trading), the covenant might still be binding. That is contrary to adice given many times on this forum ... I think. ???

Whatever, thankyou both.

John W

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