restrictive covenents

[Christian McArdle]

Very little, normally. The risk of enforcement is usually very small, particularly if planning permission was obtained and no objection received.

Christian

[Owain]

"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

[dg]

Whilst this can be the case, any covenants based on this have to confirm to a set of 4 criteria, and must essentially show that they [the covenants] are intended to benefit the whole estate. If over time certain events or social changes (eg popularity of conservatories) mean that the covenants are not benefiting the estate generally, then they may be unenforcable.

Many covenants placed on properties are infact worthless and unenforceable, but stay on the deeds out of laziness or apathy by the solicitor or buyer.

One of my covenants (benefiting the local council) was that I could not park my car on my drive in front of my garage (which was built at the same time as the house)! Totally unenforceable in todays living - if we were all made to park on the road, you could not drive down it. It was removed, when I pointed out its stupidity

dg

[nightjar]

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

[Christian McArdle]

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.

[nightjar]

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

[usenet]

What on earth have the Inland Revenue to do with it?

[Toby]

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.