Garage Conversion

[mikealexander]

Sorry to bother, I found your names on other threads relating to the same topic.

I would like to convert my plot of land with 3 garages into a 2 or 3 bedroom house. However, I have I think a covenant from the seller which would not allow me to build. it states that one cannot use it for any other purpose than a garage or a garden site. Does this imply that it a residential building cannot be erected?

It states "Not to use the property for any other purpose other than for the use of a garage site garden land or extension to any adjoining premises"

note: this land is not adjoining my house, it is ad-hoc elsewhere.

Thanks

 

[^woody^]

See a Solicitor who specialises in land and property law.

It depends on the wording and context of the covenant and whether the covenant is valid

 

[Doggit]

Covenants are nearly always valid, no matter how crazy they are; some just don't get enforced. Woodys right in that you need to go and see a solicitor about it. Who did your conveyancing, and did they point out the covenant to you. Might be best to talk to them first.

It may be possible to go to court and get the covenant put aside as being unreasonable. Do you know why the covenant was put in the sale, and was it put in by the last seller, or the original one. Is there any valid reason for it, or is he just looking for a payoff when you want to build.

 

[jeds]

Covenants can be removed but it depends on the circumstances. If it's a ten years old, for example, and the covenantor is a neighbour who still lives there then the likelihood will be a lot less than if it's 90 years old and the covenantor is long gone. You also need to know who actually benefits from the covenant. Covenants often run with the land but not always. Whoever takes action against your (hypothetical) breach must be able to prove they have the benefit. There may not be anybody? So do a bit of digging and get some advice.