restrictive covenents

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On Thu, 13 Nov 2003 12:08:33 -0000, "Owain"

deeds - no land registry certificate here!) in order to protect a family burial plot - any new owners must keep the designated area in good order - not allow any excavations, nor build on it. Must also allow access on particular anniverseries - which gives those who have an interest a chance to inspect and verify the conditions are being adhered to - and if necessary operate a snatch-back of the property.
Should keep the new owners in order ...
Barley Twist (Please put out the cats to reply direct)
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Probably not enforceable, though!
I was under the impression that civil law doesn't allow a disproportionate penalty clause to be enforced. I thought only criminal law allowed fines, which is what this clause amounts to.
(IANAL)
Christian.
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"Christian McArdle" wrote | > Slightly menacingly, if any proprietor shall contravene or fail | > to implement any of the foregoing burdens then his title to his | > property and all that follows thereon shall in the option of us | > become null and void and the proprietor shall forfeit his whole | > right and title to the dwelling house and common parts... | Probably not enforceable, though! | I was under the impression that civil law doesn't allow a dis- | proportionate penalty clause to be enforced. I thought only | criminal law allowed fines, which is what this clause amounts to. | (IANAL)
As the superior is the Council they can probably do what they like. Perhaps they will reposess everyone's flat if we put recyclables in the non-recyclables wheeliebin.
Owain
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I my not use mine as a house of ill-repute, nor sell spiritous or intoxicating liquors.
Christian.
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not allowed to build anything from corrugated iron in the garden, for one.
--
Tim Mitchell

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On Wed, 12 Nov 2003 17:23:06 -0000, "Christian McArdle"

This seems to be a common one. Mine is worded more along the lines of "may not run a business", so I quietly work from home and raise two fingers to it. There are a couple of exclusions - usual mafia, doctors and lawyers I think.
--
Seen it all, done it all, can't remember most of it.

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wrote:

queuing up at your door.
BUT, check your household insurance to make sure you are covered.
Roger
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wrote:

Restrictive covenants aside, it is a problem if the Council find out that you are running a business from home without paying business rates on the property.
Colin Bignell
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On Thu, 13 Nov 2003 01:53:52 -0000, "nightjar" <nightjar@<insert my surname here>.uk.com> wrote:

Working from home, in my case, does not imply I own or run a business. I remain an employee. I would be particularly hacked off to be held up for business rates, as I cannot even claim any element of personal household expenditure against tax (my employer has some office facilities which I could use).
--
Extra credit: Define the universe and give three examples.

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mysurname

Your status within the business is irrelevant. If part of the property is used for business use, for example a room that is set up as an office, then business rates should be paid on that part (as well as having planning permission for the change of use). OTOH, if your house is entirely domestic use and 'working from home' simply means that you use it, for example, as base from which you travel to customers' premises, then business rates are probably not due.
Colin Bignell
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On Thu, 13 Nov 2003 15:14:07 -0000, "nightjar" <nightjar@<insert my surname here>.uk.com> wrote:

Without wanting to get into too much of an argument, is it okay if the home office can be used for other (domestic) purposes ? In my case, it still has all the dining room furniture that was here before I started home-working. My understanding is that no business rates would normally apply in this case.
--

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my

The only people who can give you a definitive answer on that are the local rating department, but you probably don't want to ask them. On a property where I had mixed use, a certain percentage of the total area was deemed to be business use and the rates were payable on that.
Colin Bignell
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Did they reduce your council tax banding in compensation? i.e. a 3 bed house with a bedroom used as an offices could conceivably go from Band D to Band C, as it is now only a 2 bed house.
Christian.
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Our mixed use of the property pre-dated council tax, so a man from Inland Revenue came around to discuss exactly how we were using the property and both the business rates and the council tax band came out of that.
Colin Bignell
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--
Chris Green ( snipped-for-privacy@x-1.net)

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snipped-for-privacy@isbd.co.uk wrote:

I quote "The Valuation Office is an Executive Agency of the Inland Revenue" They like to point out that they are not part of your billing authority or council, and hence don't actually collect any money from you, they just do the banding (or business rateable value).
My VOA officer is quite nice.
--
Toby.

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On Wed, 12 Nov 2003 23:13:36 -0000, "Roger Mills"

I concur. I'm also discreet about the bordello in the cellar...

That's ok.
--
She kept saying I didn't listen to her, or something.

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Tim Mitchell wrote:

Ahh, but what about corrugated plastic? This shows the stupidity of such clauses...
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So Christian, what on earth possessed you to buy it ??????
Andrew
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The fact that the covenent is in favour of someone who died over fifty years ago.
;-)
Christian.
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