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Can I extend?

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  • Can I extend?

    Hi all,
    I wonder if anybody would be good enough to give me some advice on this one. Basically, I have a query relating to a clause in my title deeds. It appears in Section A of the deeds (so I guess that makes it an ‘easement’ as opposed to a ‘restrictive covenant’) and the relevant bit is as follows:
    “…no shed erections or buildings shall be erected in the garden of the premises hereby conveyed other than a garage not to exceed 8 feet by 16 feet by 6 feet to the eaves the plans of which shall be previously submitted to and approved of in writing by the Vendor.”
    This clause was added following a conveyance of the land in 1930 between the Vendor (who appears to have been a property developer) and the then Purchaser.
    We’re looking to build a side extension (bigger than the garage dimensions mentioned above) and are concerned that this ‘easement’ may be prohibitive. Please can you advise as to what the implications might be if we go ahead with our plans? Can anybody object – the original Vendor (if he is still around) or his successors?
    Any advice gratefully received!

  • #2
    Re: Can I extend?

    So far as I understand it, it would be up to the original company to enforce it. I suspect that after 80+ years, they are unlikely to attempt to - if they even exist!

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    • #3
      Re: Can I extend?

      Thanks Brian - kinda backs up what I was hoping!

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      • #4
        Re: Can I extend?

        Hi Brian,

        This again like you so is an easement, however as opposed to what Brian has mentioned, the property will always have the benefit (or rather the burden) of such easements. Even if there is no original vendor to enforce it, you will be questioned and even will have to folk out money for possibly whats know as a Breach of Covenant indemnity policy when you come to selling the property.

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        • #5
          Re: Can I extend?

          Understood - the covenant stays with the land, not the person. Thanks for the clarification.

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