covenants Archives - Emyr Pierce

Dec 6

If I sell off part of my land, can I dictate its use?

I intend to sell a corner plot of land in the garden of my home in Carmarthen for building, but I do not want any buyer to build a property higher than single storey so as not to spoil my view. Is there anyway I can ensure that this happens?

If you are selling off part of your land on which your purchaser intends to build a dwelling, or if the piece of land is sold with the benefit of Planning Permission for a single dwelling, then you are in a position to dictate those restrictions, or covenants, which will forever bind the use of the land to be sold.

As in large developments, the Transfer to the Purchaser will contain restrictions, or covenants, together with the usual rights over, and reservations in favour of, your Retained Land. The fact that you will continue to live immediately next to the new building, or building plot, emphasises the importance of your ensuring that these restrictions, while not too onerous so as to render the plot unattractive, will ensure that the type of development which takes place is controlled and subject to your strict criteria.

Covenants will usually include restrictions on its use as a single private dwelling house, no business use, a restriction on its height, the maintenance of boundaries and criticlly the need to obtain your consent in the event of the building being altered in any way in the future.

You must ensure that you are clear as to what restrictions you wish to impose before the plot is sold so they are made clear to your lawyer who can incorporate these into the transfer document and ensure that any prospective purchaser is aware of these from the outset.

* Emyr Pierce is Managing Director of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Nov 16

Can I buy derelict land?

I would like to buy a strip of derelict land attached to the bottom of our garden. It was once part of the garden of a Rectory which has been empty for more than two decades. The land has not been used in all of that time and has no other access. How shall I go about trying to buy it?

Your solicitor will need to make enquiries of the Church, or Church Commissioners to establish the exact ownership of the land. Searches of the Land Registry are unlikely to be of help as the property appears to have been derelict for two decades and has presumably remained in the same ownership for many years.

A Land Registry Index Map Search will confirm whether or not the Title is registered. On the basis that it remains unregistered due to the fact that it has not changed hands for more than 40 years initial enquiries should be directed to the Church in Wales or, failing that, the National Archive.

The Church may well agree to sell but this could take some time and the sale is also likely to be subject to restrictions or covenants preventing you from developing the land and using it only as a garden ancillary to a private dwelling house or alternatively it could be the subject of Overage provisions whereby any subsequent sale with the benefit of planning permission for development will result in additional payments having to be made to the Church.

Jul 25

What is a Certificate of Title?

I am buying my first home and have been told my mortgage company is waiting for the Certificate of Title. What is this and could it cause a hold up?

The solicitor acting on your behalf in the purchase of your new home will, usually, also act on behalf of your lender providing you with the mortgage funds required for your purchase.

Your solicitor will need to satisfy very strict and extensive conditions and requirements which all lenders require from solicitors and conveyancers. This obliges your solicitor to report to your Lender any issues arising out of any pre contract investigations, either in respect of the title of the property, or your own personal circumstances, insofar as these differ from the position reflected in your mortgage offer, the most common variation being a change in the purchase price.

Only when your solicitor is satisfied on all aspects will he be prepared to submit to your Lender his report on the title of the property, otherwise known as the Certificate of Title.

This is the form which confirms to the Lender that all matters relating to the property are acceptable, that there are no onerous covenants or lack of rights of access or services to the property, and that, in the opinion of the solicitor, the property has a good and marketable title. The certificate will also specify the completion date on which the funds are required.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Jul 18

Shared driveways – are they a property headache?

I am planning to buy a house with a shared driveway what implications could that have for me?

It is increasingly the case on new open plan developments that plots have shared driveways. The main issue to consider is that each property with a shared access will be bound by the existence of various covenants preventing the obstruction of the shared access.

The shared driveway will be private and not form part of the public highway which means those occupiers who have the right to use it will, in turn, have an obligation to contribute an equal percentage of the cost of maintaining and repairing the shared driveway.

Usually, a shared driveway does not cause unnecessary problems. However, there is always the risk that one of your neighbours will prove unreasonable, in which case your only remedy will be through the developer who will have the right to enforce the covenants.