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Another convenant and Loft extension question

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  • Another convenant and Loft extension question

    I've found a lot of questions about the topic (and a lot of very helpful people) but nothing that quite answers my question.

    I have a copy ofthe register my (freehold) house with the original 1924 conveyance between two named individuals (no mention of companies or other organisations).
    The schedule of restricted covenants says 'not to erect or permit to be errected any building other than a two storey dwellinghouse' which is what we have.

    Is this restricting me from a loft extension, and if so do I even try to find out who to get permission from?

    Thanks.

  • #2
    Re: Another convenant and Loft extension question

    In most cases people would simply go ahead and do the loft conversion (having got any other necessary permissions) and worry about the issue if and when it arose. It is arguable that two storey dwellinghouse refers to the outside look of the building so unless you make major alterations tot he roof arguably you would still comply. If that is not right you might have to pay for a restrictive covenant indemnity policy when you sell - £100-£200 one off cost for the average property outside London. If you contact those with the benefit of the covenants about them you can't get such a policy.

    If you used local solicitors when you bought it may be worth contacting them to see if they know of these 1920 covenants being enforced. In our area there are some 1930s covenants that a landed estate still tries to enforce form time to time.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Re: Another convenant and Loft extension question

      Thanks Richard, I'll probably just see if the neighbours object and carry on then.

      The solicitor we used was not very local, and to be honest I probably wouldn't use them again anyway.

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      • #4
        Re: Another convenant and Loft extension question

        I'll probably just see if the neighbours object and carry on then.
        Yes, sensible precaution. Sometimes if they do object they try to find the person who can enforce the covenants - in some cases the neighbours may even be able to enforce it themselves!
        RICHARD WEBSTERwww.rwco.co.uk
        As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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