Restrictive covenants by the transferee.

[epsilonGreedy]

I am examining some property deeds and trying to understand a numbered list of clauses in the deeds section titled "Restrictive covenants by the transferee".

 

Does this mean that the plot buyer "transferee" agrees to be bound to the operational restrictions listed under this section of the deeds?

[ProDave]

A bit late to discover your plot has covenants?

[PeterW]

28 minutes ago, epsilonGreedy said:

Does this mean that the plot buyer "transferee" agrees to be bound to the operational restrictions listed under this section of the deeds?

Yes assuming the beneficiary of the covenant is still alive and there is nothing about heirs and successors in title etc. 
 

Solicitor should pick this sort of stuff up 

[Marvin]

 

 

4 minutes ago, PeterW said:

Yes assuming the beneficiary of the covenant is still alive and there is nothing about heirs and successors in title etc. 
 

Solicitor should pick this sort of stuff up 

 

That's wording I have not heard before!  Reading it I thought it meant things the sellers had to do/not do so the buyer would agree to buy - like fence off the land being sold from the rest of the field. ?

 

M

 

 

 

[Temp]

48 minutes ago, epsilonGreedy said:

I am examining some property deeds and trying to understand a numbered list of clauses in the deeds section titled "Restrictive covenants by the transferee".

 

Does this mean that the plot buyer "transferee" agrees to be bound to the operational restrictions listed under this section of the deeds?

 

That would be my interpretation.

 

Covenants are tricky things though. They have to be written just right or they cannot be enforced. There is even a difference between positive and negative covenants. 

[epsilonGreedy]

10 hours ago, ProDave said:

A bit late to discover your plot has covenants?

 

 

My plot has 12 covenants and a near mirror image set of entitlements granted as easements. This means all plots should have the same cross-plot rights.

 

I am trying to workout how these cross-plot legal clauses cascade as multiple plots with planning permission on a single parcel of land are then sold off in an arbitrary sequence. For example the lawyers need to ensure that the first plot to sell will have reciprocal covenants and grants with the future owners of the final plot that sells. Some covenants are for the benefit of the seller and some are for the seller's retained land.

 

Before racking up another hour's bill with my solicitor I am trying to understand as much as possible.

 

Is there anything like BuildHub for legal stuff?

 

[epsilonGreedy]

10 hours ago, Temp said:

 

That would be my interpretation.

 

Covenants are tricky things though. They have to be written just right or they cannot be enforced. There is even a difference between positive and negative covenants. 

 

 

Since starting this thread I have encountered more baffling terms such as "rights in common" and "quasi easements".

[Temp]

Rights in common are normally thing like shared access eg to a garden grazing rights. Not heard of a quasi easement but Google suggests...

 

https://www.enotes.com/homework-help/what-quasi-easement-114797#:~:text=A quasi-easement exists when,one part to someone else.

 

"A quasi-easement exists when the owner of a parcel of land uses part of that land for the benefit of some other part of his or her land.  This doesn't really start to matter unless the owner breaks up his/her land and sells one part to someone else"

 

Presumably it might then be turned into a regular easement.

[jack]

10 hours ago, epsilonGreedy said:

Is there anything like BuildHub for legal stuff?

 

Check out the Garden Law forum. Not sure about covenants, but they deal with boundaries, easements etc. 

[Ferdinand]

A quasi-easement is likely to be an easement type thing but where the 2 plots were in the same ownership when the quasi-easement was created. I think it is quasi  because an easement is only possible between different parties. Check with a solicitor or conveyancer.

 

A number of those covenants may relate to the developer protecting each plot as they were built, so that a new purchaser could not interfere with the next bit of development, or the next set of plots etc. Things created for that reason will be unenforcible quite soon legally, unless they are worded to apply to all future sales.

 

Post the anonymised text of the covenants with your post on Gardenlaw - image is good. They will need that.

 

F