Quote Originally Posted by pilman View Post
Section 12.4.1 states that the benefit of the restrictive covenant is for the "retained property".
If this clause was inserted in the immediate transfer then that retained property is clearly identifiable as the land retained by the Transferor.

If this covenant was included years ago by someone other than the person who transferred the freehold to you, then it needs to be established whether the benefit was expressly assigned to the current owner of the freehold of that retained land.

All of that may be irrelevant if you intend to do what was stated earlier in this thread.What you cannot do is stated:"( a) Not to use or permit to be used any building erection or structure erected or placed upon the property otherwise than for the purpose of two maisonettes." but the words "otherwise than for the purpose of two maisonettes" is what you will be doing, so extending each of those two maisonettes would not be a breach of the covenant, as long as after all the work is completed there remains two maisonettes, even if each has been extended to become a larger maisonette.

Initially on reading your posting it seemed to me that you wanted to erect a separate building on the garden area of your maisonette. If all you want to do is build an extension that will make the single maisonette a lot bigger, then it would appear from the wording used in the restrictive covenant that is permissible, because there will still only be two maisonettes on the freehold land. Any extension is for the purpose of that maisonette, which would seem to be acceptable.

After reading the wording used in the restrictive covenant it does not seem to me that you will be in breach of that first restrictive covenant.

If you think that building the extension on part of the garden land will be in breach of the second covenant, you have to realise that this is a positive covenant, not a restrictive one. That ought to mean that after the extension is completed you will need to keep the remaining garden areas in a neat and tidy condition at all times.
When I started the process of buying the freehold I made it clear to the solicitor that I wanted to build a house on the land which is my garden, the solicitor said you will be able to build and sub divide your garden to create a separate title subject to council planning permission.

When I got to the point where a new freehold had to be signed it was then that I noticed that something was wrong. when I contacted the solicitor about this it was then that I was told I would have to deal with the former freeholder about getting permission to build. So as you can see I was not given correct advice from the start and now today I got an email from the solicitor saying when you have planning permission to build then you should approach the former freeholder, It may be that by that time, they no longer own the freehold of the adjoining property.!!!

The maisonette next door has one leaseholder living there and the other is being rented out! why would the solicitor say something like that, whenwe originally asked the freeholder to sell us the freehold they told us a big NO.

How can I find out who put in the covenant?

The solicitor says: I have no doubts as to the enforceability of the covenant.

Cheers