Land Registry Query

[Underdog]

I need to learn a little about title deeds and covenants to hopefully get a better understanding of a dispute. I know nothing of this subject so thought I'd run it by the old sages on here to see if anybody can help or advise.

I'm trying to get an understanding of who enforces covenants in the event of a breach of terms. For example ( and this isn't my problem ), if a resident keeps chickens and wildfoul on his land, despite the registry of title forbidding him to do so, who will prosecute him or threaten him to amend his ways? Is it a relatively straight forward process? Is it the sort of thing that nobody bothers with these days or is it the sort of thing that is chiselled in stone and strickly adhered to?

It's a whole new subject for me and I have no experience of this at all so I'm hoping somebody can advise.

Cheers in advance.

[bilge rat]

as you''ll see from my thread (connifers)and help is great from people on here, im sure someone will direct you the right way. i think 1st step may be c.a.b and then inviromental health dept of the council .. hope you have more luck than we are. looking like the only way to get out this house is to go our seperate ways, desparate and not fair on the kids but me and the mrs have really had enough. good luck. alan.....

[skip2]

I've a bit and its not straight forward, plus different parts of the country apply the law in different ways, added to that i think there has been some change in the law relating to time they can be applied.

best contact a local solicitor who speacilises in such cases.

Those cases I've heard about often relate to restrictive convants like keeping a carvan in the front garden and often come to light after a neighbour dispute ie the neighbour don't like a carvan blocking the light etc.

If its chickens wild fowl etc and its a dispute, ie someone don't like it, might be easier to see if planning laws are breached, if its a few chickens they will claim them as pets, if a lot and you can prove they are selling eggs etc might be easier go to the council and see if they have planning permission to run a business as no doubt there is a change of use of the property.

Back to carvans know someone who tired to get one removed, but the neighbours then proved others had keep carvans on the estate without hinderance and the convant was declared non void or something

[Raggylad]

Dredged from the dim memories of a Law degree over 25 years ago .....

A restrictive covenant is usually imposed by the original seller of a piece of land or property. It restricts the buyer from doing whatever it says and is to the benefit of somebody (usually the seller). The original seller can assign his rights (for example, to someone who buys his own property), but unless they are specificlly assigned, they remain personal to him.

Restrictive covenants are enforced by whoever is the beneficiary going to the County Court and asking for an injunction enforcing the covenant against whoever is breaching it. Only in extreme cases can he also ask for damages.

The point being that it is entirely a civil (as opposed to criminal) law matter and is personal to the 2 individuals concerned. It is not something that any Council official or the police get involved with.

My advice is to go and see a solicitor for detailed advice. However, taking things to court can be expensive !

[skip2]

Spoke to my legal mate last night and he claimed most restrictive conveants he deals with are to do with building or restricting building and its quite possible to get them lifted or bipassed either by taking out insurance, sect 84? property act etc etc. As for the others, yes you can enforce but its up to you costs can be high, if the other side wins damages can be low. He also advised for minor convenants its often not worth it cause once people in a neighbourhood start breaking them you end up having to enforce it on all as those people are also benefiting from the conventants yet breaking them.

[DavejDavies]

Restrictive convenants are an interesting consideration when developing land/property, as stated they're put in place when someone sells land.

Now I've had cases were they're in the name of individuals dating back over 100 years - little chance of them trying to enforce a condition but one can get insurance just in case... in another case dating back over 100 years the company involved are still going and very much do enforce...permission to lift restrictions for change of use etc can earn them lots of money.

IIRC some convenants are easier to get lifted than others, I think its positive ones, that is 'you should do this or that' rather than negative ones 'you shouldn't do this or that'...

[Lighting90]

The chicken one is a common one, and is put in place because keeping chickens encourages rats, it is to do with the food supply given to the chickens ending up everywhere making it easy for the rats to get to, and once they get a reasonable good quality fairly regular supply, they multiply very quickly unless controlled, and easiest way to do that is remove the chickens...

It is for this reason a lot of councils will enforce the covernent, and as such, your port of call should be to your local council, esp if you have noticed an increase in the rat population in the area. The only snag is, every council is different at the end of the day, and what action they take and how quick is hard to say.

[skip2]

The chicken one is a common one, and is put in place because keeping chickens encourages rats, it is to do with the food supply given to the chickens ending up everywhere making it easy for the rats to get to, and once they get a reasonable good quality fairly regular supply, they multiply very quickly unless controlled, and easiest way to do that is remove the chickens...

It is for this reason a lot of councils will enforce the covernent, and as such, your port of call should be to your local council, esp if you have noticed an increase in the rat population in the area. The only snag is, every council is different at the end of the day, and what action they take and how quick is hard to say.

Chickens-

interesting cause know of one person told to restrict keeping of chickens yet had freehold title and no restrictive conveants, whats more it was a old farm house and stabels, but land been built up surrounding. Course got into the local rag, "Farmer told can't keep chickens", bit excat. by local press.

Someone complained and the council used enviromently health laws they told the person who complained it would be easier than if they was any restricitive conveants.

The person did comply was told could keep a few for personal use only.

The other question I would like to ask is how do you know a neigbour has them on his property are they in the land reg copy thing and do the public have access to them ?

[ROB 110 HICAP]

I've got a covenant on my place. It covers new buildings, driveways, felling trees, and using the pasture for other purposes. It was started by previous owners (now deceased)and our boundary is with the National Trust, who were signatories on the covenant.

We were aware of it when we bought and the NT contacted us early on and requested photography of the current buildings for their records. We complied as we were wanting to do various developments and they are the enforcers.

Long story short, we have gained 'permission' from them to build a porch and stables/outbuildings, but it was a struggle and as the NT are a shambles, we caught them out so they had to back down (one of them said yes then backtracked).

Some people have said 'stuff em' and do what you like cos the NT can't afford to take us to court and others (inc local council planning officer) said we must comply because the NT are the big boys and have more financial resources than us, which is true.

One line in the covenant goes summat like 'no new buildings on the land' and it has been suggested to us that extending part of our house to 2 stories over an existing catslide roof extension, would be acceptable and the NT could do nothing as theres nothing new 'on the land' using the current house footprint.

Anyway thats got nowt to do with chickens! My brother-in-law has 25acres of woodland with a covenant that restricts it but it states only in the lifetime of the people who started it. The dates of it were the 1960s so he thinks in a few more years he'll be able to overturn/ignore it.

[Underdog]

Restrictive covenants are enforced by whoever is the beneficiary going to the County Court and asking for an injunction enforcing the covenant against whoever is breaching it.
The point being that it is entirely a civil (as opposed to criminal) law matter and is personal to the 2 individuals concerned. It is not something that any Council official or the police get involved with.

Thankyou Raggy, that's what I was after.;)