Splitting property to address covenant for single dwelling house?

Splitting property to address covenant for single dwelling house?

8:19 AM, 14th October 2022, About 2 years ago 17

Text Size

I need some advice for a property I am buying, please. It is a corner plot house with an extra large garden extended to one side and back. Apparently, it is an ex-council property with a restrictive covenant of single private dwelling 1980 from the city council. The neighbour’s property is still owned by the council.

Per the architect, I can easily get planning approval for two new houses on the side extended garden (almost 10-11 meter front) but seems like my dream will not come true with this covenant in place. I was thinking of splitting the property into three ( one existing house and two at side garden areas).

Do you think the splitting idea may be the solution to the problem here? What happens in this kind of scenario? Will the authorities allow me to split the property but not let me build on those two newly titled empty plot properties due to the original property covenant?

Per my understanding, each title will have the same covenant but at least I can build single-dwelling houses on two newly titled plots.

Has anyone faced a similar scenario and what other possible solutions could address this other than asking the council to lift the covenant or an indemnity?

Many thanks

Martin


Share This Article


Comments

Graham Bowcock

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:31 PM, 14th October 2022, About 2 years ago

Reply to the comment left by Martin at 14/10/2022 - 12:20
I'd suggest you get a competent surveyor to act for you.

For a recommendation in the East Midlands (although that's a large area) you could try my old firm of Berrys in Towcester or Kettering. Tell them I sent you! The head of Valuation is Andrew Tompson.

Howard Michaels

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:38 PM, 14th October 2022, About 2 years ago

As a follow up look, if you use S84 it shouldn't cost anything other than some legal fees as it is unlikely the council can prove they are actually suffering any loss or damage. See this link: https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/84

Jerry stone

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

13:38 PM, 14th October 2022, About 2 years ago

Reply to the comment left by Martin at 14/10/2022 - 12:20
You can do it yourself.

Send me an email and I’ll certainly have a look at the Planning side if you wish.

Jerrystone7@me.com

Jerry stone

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

21:20 PM, 14th October 2022, About 2 years ago

Reply to the comment left by Rod at 14/10/2022 - 11:10
Your comments are partly correct however the 5 year housing land supply is not particularly relevant for this as it’s only two houses and it’s a residential area.

It would be a windfall allowance.

Planning would have nothing to do with payment.

Planning and covenants are completely separate items.

I am a planning consultant.

I happen to know about them because my business partner in my rental development business is a very good Property lawyer.

Moshe Strugano

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

13:36 PM, 15th October 2022, About 2 years ago

Israeli lawyer Moshe Strugano, an expert in the “formation of offshore companies" says, I believe that the covenant on each title will be the same, but at least I can construct single-family homes on the two newly titled sites.

Martin

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

13:59 PM, 15th October 2022, About 2 years ago

Reply to the comment left by Moshe Strugano at 15/10/2022 - 13:36
But other comments says I will not be able to construct houses on splitted plots . Do you know such a case where it was done in past ?

Graham Bowcock

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

9:48 AM, 17th October 2022, About 2 years ago

Martin

It is clear that you need to go to a property lawyer for proper advice before doing anything. The devil will be in the detail of the wording of the covenant.

For what it's worth (based on professional experience), I think it highly unlikely that splitting the title will work; if properly drafted the covenant will relate to the entire property. If I'm wrong, then it will only be because the drafting of the covenant is poor - it does happen.

I reiterate my advice that you take the entire transfer document and anything else that's relevant to a lawyer.

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now