Covenants On Purchasing Property

[KayB]

When I bought my house, I found that here is a covenant in the deeds. My house (and 3 others) is accessed via the neighbouring property's driveway. I am obliged to pay a % towards repairs and renewals if they are ever needed and the owner of the driveway is obliged to keep the driveway "in good repair".
My neighbour is a business and the property has been closed now for several months. Over the years (19 to be precise) they have not done any maintenance and weeds are growing in the edges of the roadway and obviously causing damage. The grass overhands the road and the 5 road surface drains are all blocked. Also, 4 new houses have been built recently and damage has been done to the road by the large construction vehicles. It has been dug up on several occasions for utilities to be laid. The new owners have told me that their deeds do not contain this same covenant.
The owners refuse to deal with me. Can I write to them (recorded delivery) and say that as they have not kept to their side of the covenant, I am abrogating my obligation? Or do I need to see a solicitor?

[Buenchico]

Start by getting hold of a copy of the title register to their property. It will show if any covenant actually exists. You can download a copy for £3 from here:
https://www.gov.uk/search-property-information-land-registry

[The Builder]

Chris is quite right (usually is.)

In my experience, a solicitor is essential. You may be able to have the covenant removed.
Covenants rely on who actually "holds the benefit of the covenant."

Circumstances seemed to have changed over the years. Since the new houses have not been included. You may have a strong case for removal. It will depend on a whole lot of things.

Since this potentially affects (perhaps marginally) the value of your property, Do instruct a solicitor if you're not happy with the present arrangement.

[woofgang]

Chris that's very interesting. There is a covenant on my property that appears on my paper deeds, not to keep, or allow to be kept, pigs pigeons or poultry on the property. It doesn't appear on the e copy from the Land Registry...not that I want to do this...and I certainly don't want my neighbours to do so....but does this mean that the covenant no longer exists?

[Peter Pedant]

this is likely to be very very expensive
I would leave it -
Covenants running with the land are governed by Tulk v Moxhay 1848 ( an agreement not to develop Leicester Square was held NOT to concern the original contractors but to run with the land and bind successors ) Note it is a negative convenant. ( agrees not to do summit)

This road thingey is a positive covenant to maintain which is governed by a long line of further cases and is basically enforced by the leaseholder ( dominant servitor)

what exactly are you trying to do ? get the road fixed?
i dont think you can - I think it is the head leaseholder's job ( and right) and not yours

but I could very easily be wrong in this

(The cases on positive covenants mainly concern caravan parks who want the moolah but dont want to provide the services that the covenant might provide - service charges including a pool but the pool is empty etc)

[Peter Pedant]

woofie
no
you have a negative convenant and it would probably be enforced - by the party who imposed the covenant - who I think is called the dominant servitor

and not any old Mrs Mopp darn da road.

falls four square within Tulk v Moxhay

here is nine pages on it
https://archives.nsbs.org/CLESNS/140.pdf

[woofgang]

PP that is a relief. Its difficult enough when the next doors have a pet rabbit that continually escapes or a cat who wants to take up residence in my garden.

[woofgang]

PP I just thought of a second question....the party who imposed the covenant was the company who built the estate who are now long defunct. No one purchased their name or any part of their business. Does that affect the validity of the covenant?

[Peter Pedant]

I bet Barmaid kknows....

[woofgang]

I bet she does......