Help with covenant wording

[Ridgewood]

Please can somebody help with interpreting a covenant contained in the second schedule of a title deed? Does it mean that it only applied from the point of land transfer until such time that the house was developed, then completed and then sold and paid for? Or does it still remain binding?
 

No house bungalow garage greenhouse shed or other building or erection shall be erected or placed on any part of the property and no alteration or extension of any existing building thereon shall be made without the written consent of the Agent for the time being of the unsold parts of the [Estate] (hereinafter called the"Agent") and no work on any such building alteration or extension shall be commenced until plans elevations and specifications as certified by the Agent following completion and until the Purchaser shall have paid his usual proper fees and expenses (including VAT) for approving and certifying the same

 

[bassanclan]

Sounds like a large estate, landed gentry, owned the land you are looking to buy.

 

Let me guess, the estate sold off the land for a single house, who is now selling his garden to you to build a house?

[Ridgewood]

Close! Landed gentry, yes, but part of a converted farmhouse and associated outbuildings sold off in 1978 and converted into 3 dwellings; one of which is now up for sale.  Plot is about 3rd of an acre.  We need to establish whether or not we could build a garage in the grounds….if not, it’s a non-starter 

[Temp]

My reading is that they might intend it to still be binding and there might be a fee to get approval.

 

However covenants must be written to benefit some other land that is identifiable or they can be unenforceable. Its not clear to me that "the unsold part of the Estate" is sufficient to clearly identify the land that benefits from the covenant. What if that part has since been sold as well?

 

I'm afraid I think you need advice as to if it's enforceable. 

 

 

[bassanclan]

A good solicitor will be able to find covenant protection insurance, to pay costs if it was ever enforced. Therefore if your garage falls under permitted development, then you could likely build it and nobody would bat an eyelid. The agent probably doesn't realise it has the covenant.

 

If its very visible to the agent, or you have already approached them you will struggle to get covenant insurance.

[Ridgewood]

@Temp We have found out that the adjoining land, which has the benefit of the covenant (or at least a very small part of it, as it’s part of a much larger plot/title deed totalling 215 acres) has an Option to Purchase and a Unilateral Agreement in place, in favour of a housing developer and plans have recently been approved for a new housing development on part of the land (about half of it/100 acres). The current planning permission does not show any plans to build on the small parcel of land actually adjoining the property in question….but it does beg the question whether or not it is now considered ‘sold’? The registered proprietor on the title deed remains the Landed Gentry.