Restrictive Covenant

[charley1965]

Advice please, would the following restrictive covenant be a problem at all?

Thanks


"The property is to be sold subject to a restrictive covenant in favour of the vendors to use the property as a single dwelling house only."

[jeffrey]

Advice please, would the following restrictive covenant be a problem at all?

Thanks


"The property is to be sold subject to a restrictive covenant in favour of the vendors to use the property as a single dwelling house only."

If vendor is not local authority, V can enforce covenant but cannot succeed in damages claim unless V retains adjacent/nearby property to which benefit of covenant is annexed (entered on registered title etc.)

Please enlarge on your situation- are you the person with the benefit or subject to the burden?

[charley1965]

Thanks. It's a property that is up for sale that we are interested in.

[jeffrey]

Thanks. It's a property that is up for sale that we are interested in.

So it is subject to this covenant in favour of another person. Your solicitor should investigate to which other property the covenant's benefit belongs. I assume, on the face of it, that the V will retain an adjacent plot and wants to create a newly-imposed covenant to burden what you are buying- in which case you are certainly going to be bound by it. However, it might not stop subletting of the whole as a single property.

[charley1965]

Thanks for that.