Covenant restricting trade

[thorn]

You may be able to query who imposed the original covenant and make requests to have it removed. Question is whether its worth the money for selling some honey and eggs.

From your tone, I think you would quite happily pay the costs to stick it to him

Yes, keep the matter going as a matter of principle. That's the attitude that's given me a comfortable retirement.
W

 

[Dodge]

I know absolutely nothing of the legal ins and outs but. Would be interesting if the covenant against sales names a company who requested this. I say this as a lot of properties have this to stop sale of alcohol and names a brewery; I suspect it would be against European competition laws and unenforceable.

 

[B+.]

I know absolutely nothing of the legal ins and outs but. Would be interesting if the covenant against sales names a company who requested this. I say this as a lot of properties have this to stop sale of alcohol and names a brewery; I suspect it would be against European competition laws and unenforceable.

I think you are referring to the restricted names list where you can't use particular words in the wrong context. There is also the companies register at Companies House but that isn't any different for listed buildings/etc. It applies no matter where you live.

 

[pargyle]

Covenants can be attached to the deeds of any property by the current owner. They apply from the time they are granted in perpetuity unless they are challenged for a variety of grounds .. for instance one that protects the neighbours from the effects of a Commercial enterprise could restrict a property for being used for businesses purposes. I live in a 30 year old estate house and have just such a covenant on my house. I am also not permitted to paint the rendered sections in colours not in keeping with the location. If I breach the covenants anyone affected by the breach can bring an injunction against me and if this were granted (and most are) I would have to cease whatever caused the breach or face the consequences in court.. failing to meet the conditions of a court order is a pretty serious offence. Getting covenants removed is a very difficult, time consuming and legally expensive business. Thorn will probably be able to tell you more specifically what the chances are but proving that the covenant is unreasonable in the current circumstances of the property is the first step. In the OP's situation I would suggest they are probably nil.

 

[Repwoc]

I'm currently actively seeking a property in a more rural location. I'll certainly be checking for this sort of thing with a fine toothcomb now, so thanks for the heads-up.

 

[pargyle]

I'm currently actively seeking a property in a more rural location. I'll certainly be checking for this sort of thing with a fine toothcomb now, so thanks for the heads-up.

Someone I know bought a house with a big garden hoping to sell part of it as a building plot .. he's trying to sue his solicitor who failed to identify a restrictive covenant that prevents the plot from being broken up - he who has the house has the land ...end of. The original owner occupied the house next door many
Years ago and obviously foresaw that he could have ten houses in the plot next door and didn't want his view spoiled. Present neighbours despite being friendly and amicable have made it clear that any move to sell part as a building plot will be challenged (and they would probably win). Not sure that the solicitor is going to have a lot to fear as I don't think he was told of the plan to sell off part of the garden and the covenant was clear as day in the property deeds. Very much a case of buyer beware and check the legal pack. You can only sue if you have suffered a loss and in this case the property is still worth what was paid for it - the 'loss' is a notional one that it could have been worth more if the plot could be split.

 

[Erichalfbee]

Gods sake
I’m glad I live in a little welsh cottage with a couple of fields and barn owls and red kites and bees and nothing else to worry about

 

[Repwoc]

Gods sake
I’m glad I live in a little welsh cottage with a couple of fields and barn owls and red kites and bees and nothing else to worry about

Sounds just what I'm looking for - you selling?

 

[Erichalfbee]

Sounds just what I'm looking for - you selling?

Hands off

 

[Repwoc]

Hands off

lol.

 

[thorn]

My first house, a Victorian back-to-back, had covenants barring me from grinding bones and boiling blood. That put a cramp in my style.

 

[For want of a better word]

My first house, a Victorian back-to-back, had covenants barring me from grinding bones and boiling blood. That put a cramp in my style.

Did you have to move out when you quallified?

Yeghes da

 

[pargyle]

My first house, a Victorian back-to-back, had covenants barring me from grinding bones and boiling blood. That put a cramp in my style.

You would probably find it difficult to get that one lifted if the neighbours knew you intended doing it !!

 

[pargyle]

Did you have to move out when you quallified?

Yeghes da

I've known a few lawyers who made my blood boil !

 

[ShinySideUp]

I'm currently actively seeking a property in a more rural location. I'll certainly be checking for this sort of thing with a fine toothcomb now, so thanks for the heads-up.

Please, there is no such thing as a toothcomb, no one combs their teeth. The expression is a fine-toothed comb. I'm sorry, I can't help it. Grammar

 

[ShinySideUp]

Post deleted as it was probably too inflammatory and I wouldn't want to get sued

 

[Repwoc]

Please, there is no such thing as a toothcomb, no one combs their teeth. The expression is a fine-toothed comb. I'm sorry, I can't help it. Grammar

I won't say it again.

 

[B+.]

My first house, a Victorian back-to-back, had covenants barring me from grinding bones and boiling blood. That put a cramp in my style.

so....how did you get rid of the bodies? (joke)

 

[thorn]

so....how did you get rid of the bodies? (joke)

Unfortunately my wife knows where they're buried.

 

[B+.]

Unfortunately my wife knows where they're buried.

I know this is well now, but, wasn't she one of them? Judging by the way some people talk about swmbo, I can imagine a few "significant others" being in danger of falling foul of an accident. My other half always said, if I ever upset her, they wouldn't be able to trace the poison she used (given that she has an M.Sc in Medicinal Chemistry, I believe her....in any case, the threat is enough).