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title deeds
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How enforceable are conditions within home title deeds? Who would enforce such conditions?
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For more on marking an answer as the "Best Answer", please visit our FAQ.If you mean convenants or restrictions, then it is often the seller of the land who hold this. That will often mean that it is now not relevant - but the danger of disobeying a convenant is that a buyer's solicitor will find out about it when you eventually come to sell.
Sometimes a restriction is put in place because the local development control department (Planning Dept) demand it as part of granting a planning application on the land in the first place. The seller (often a developer) then copies the restriction across into the purchase contract document. For example, thou shalt not have a fence bordering the front of the property normally comes from such a source. The developer who sells you the new house couldn't give a fig about this.
Sometimes a restriction is put in place because the local development control department (Planning Dept) demand it as part of granting a planning application on the land in the first place. The seller (often a developer) then copies the restriction across into the purchase contract document. For example, thou shalt not have a fence bordering the front of the property normally comes from such a source. The developer who sells you the new house couldn't give a fig about this.