COVENANTS?? TITLE DEEDS ??HELP

[Demonjill]

Just wondered if anyone knew anything about these covenant thingies on your title deeds

Reason i ask is that i was reg in 2009 ( as some of you know) then cancelled my reg for personal reasons and to move house.

Looking into re- registering and my deeds say I cant run a business from home.

Needless to say im confused and not sure what to do. Say nothing and risk things further down line or speak up now with risk will not be able to get any further with reg.
Annoyed cos never said anything ( that i can remember on last house deeds)

Also at my cm training last time around all that was said was you would perhaps need planning permission if employing an assistant or looking after a large number of kids. ( Im not planning on having a nursery)
Said it would only be a problem if neighbours found your business to be a nuisance.

My house is a new build - they never said anything at time when i was buying about not running a business. ( although i never mentioned i wanted to IYSWIM)

I just happened to scan over deeds to check something else the other day and spotted it.

I know for fact others are breaking some of the other rules - such as parking trade vans ( their business ones eg joiners, plumbers) in their drives and on the street which is not allowed and THIS i do remember the house builders telling us.



If anyone knows a lawyer who can decipher the talk :blush: then i will happily pm the exact wording in my deeds as it is full of numpty talk lol

So have you all checked your deeds? and do they say anything similar?

Please help as i feel very frustrated at the moment and dont want to give this up before its even started.

[Bitsy Beans]

My title deeds refer to running an "immoral" business from the property :eek: thankfully I haven't gone down that route ;)

I am assuming your property is leasehold? I'd be inclined to approach the relevant owner of the land to ask them to define "business", would that include CMing or something like a used car dealership etc.

Good luck hope you can get it sorted out x

[Demonjill]

My title deeds refer to running an "immoral" business from the property :eek: thankfully I haven't gone down that route ;)

I am assuming your property is leasehold? I'd be inclined to approach the relevant owner of the land to ask them to define "business", would that include CMing or something like a used car dealership etc.

Good luck hope you can get it sorted out x

Thanks for replying.:thumbsup:

Ooh an immoral business - plenty money there ha ha :laughing:

Eh its freehold - its my house but i have a mortgage.
I think they are starting to put more of these covenants in now with new builds to try stop problems with neighbours etc

Im just wary of opening a can of worms - then i cant get them all back in :D

[Zoomie]

If you have recently purchased, could you perhaps just ask the solicitor that dealt with your transfer to clarify it for you.

[Eddisonsmum]

My title deeds say the same. No one else on our estate worries about it. Ours say not allowed sat dish up, caravan on drive, commercial van on driveway, for sale sign up. I really wouldn't worry about it. Plenty of people he have been breaking the rules and nothings happened. Would be hard to find a house without a satellite dish! X

[rickysmiths]

Right this might be long but bear with me!

All Freehold properties have Deeds. The Deeds are there to set rules and standards. Some of these are ages old and by modern standards etc do seem odd.

However the one reguarding not running a business or working from home are there to protect yoour neighbours and neighbourhood as a Residential and pleasant area for people to live in without being distrubed all day and night. It is in most Deeds of Freehold properties, it is in mine most of us don't read them they are held by the Company who we have or Mortgages with because they own the property and Deeds until we have paid off the mortgage. :panic: Is what you are proposing to do going to unduly distrub your neighbours? I doubt it so you should be fine dong it. But just ask yourself a few questions.
Is there plenty of access for you mindees parents to drop and collect children without causing bloocked driveways or access or cause a lot of traffic noise early in the morning or late at night?

Are the children going to be screaming aroung the garden from 5am to midnight?
Probably not, so there would be no cause for concern or complaint from ther parents. So you should be fine working as a cm.

Likewise someone using a home office to do mostly paperwork, the neighbours wouldn't even know.

But if a car welder set up shop in the garage and had lorries,cars etc parked up all over the place and was welding morning, noon and night then people would rightly complain. Or a bulider used the front garden as his 'yard' and had a cople of huge metal storege bins on there it would impact on the Residential nature of your houses. It is more for this reason this is written into Deeds. It means that ultimately through the Deeds action can be taken against someone who is causing a nuisance. You could complain about the white vans and work lorries through this route.

One of the keys with Deeds/Covernats on properties is not so much breaking them but considering if anyone and who might enforce them?

For example years and years ago I wanted to run a Licienced Conference Centre in a part of a property owned by my father. He ahd bought it a number of years earlier and it was an old Victorian Vicarage. When the Church sold the house they attached a Restrictive Covenant to the Deeds. It stated that Alcohol could not be sold from any part of the property and I wanted to apply to the Courts for a Liquor Licience for the Conference Centre so we asked a Solicitor what was the best thing to do. He suggusted we consult Council in London for a view (very,very expensive!!) to have the Covernant removed. In the end my father said it was all too comlicated and expensive so he wrote to the Church Commissioners and explained what we wanted to do and asked if they would enforce the Covernant if we did it? Several letters went back and forth, I started my business and the Church gave me their blessing and as far as I know the Covenat is still in place.

I guess what I am saying is just because its there doesn't mean you can't do what you want to do.
It might be worth checking with you local planning department wether you need to apply for planning permission to childmind. Some are fine as long as you don't go over your 6 under eights and only ask you to apply for it if you go over this but thers want it anyway. If you change the use of you house through planning you would be wise to talk to a solicitor about all the tax implications in doing this and the effect it could have when you come to sell your house.

I did warn you it would be long but I hope its been of help.

[Demonjill]

My title deeds say the same. No one else on our estate worries about it. Ours say not allowed sat dish up, caravan on drive, commercial van on driveway, for sale sign up. I really wouldn't worry about it. Plenty of people he have been breaking the rules and nothings happened. Would be hard to find a house without a satellite dish! X

Hi, is yours a new build too?

I dont think ours has sat dish mentioned but next door has a washing line attached to their house and thats a no no.

Woman few doors away does avon n thats a business.

Man across the road has a plumbing company and van is there all time.

So are you just going ahead with things regardless? my OH says i should just go ahead with it as im not going to have loads of kids anyway.

Thanks for your reply :thumbsup:

[Demonjill]

Right this might be long but bear with me!

All Freehold properties have Deeds. The Deeds are there to set rules and standards. Some of these are ages old and by modern standards etc do seem odd.

However the one reguarding not running a business or working from home are there to protect yoour neighbours and neighbourhood as a Residential and pleasant area for people to live in without being distrubed all day and night. It is in most Deeds of Freehold properties, it is in mine most of us don't read them they are held by the Company who we have or Mortgages with because they own the property and Deeds until we have paid off the mortgage. :panic: Is what you are proposing to do going to unduly distrub your neighbours? I doubt it so you should be fine dong it. But just ask yourself a few questions.
Is there plenty of access for you mindees parents to drop and collect children without causing bloocked driveways or access or cause a lot of traffic noise early in the morning or late at night?

Are the children going to be screaming aroung the garden from 5am to midnight?
Probably not, so there would be no cause for concern or complaint from ther parents. So you should be fine working as a cm.

Likewise someone using a home office to do mostly paperwork, the neighbours wouldn't even know.

But if a car welder set up shop in the garage and had lorries,cars etc parked up all over the place and was welding morning, noon and night then people would rightly complain. Or a bulider used the front garden as his 'yard' and had a cople of huge metal storege bins on there it would impact on the Residential nature of your houses. It is more for this reason this is written into Deeds. It means that ultimately through the Deeds action can be taken against someone who is causing a nuisance. You could complain about the white vans and work lorries through this route.

One of the keys with Deeds/Covernats on properties is not so much breaking them but considering if anyone and who might enforce them?

For example years and years ago I wanted to run a Licienced Conference Centre in a part of a property owned by my father. He ahd bought it a number of years earlier and it was an old Victorian Vicarage. When the Church sold the house they attached a Restrictive Covenant to the Deeds. It stated that Alcohol could not be sold from any part of the property and I wanted to apply to the Courts for a Liquor Licience for the Conference Centre so we asked a Solicitor what was the best thing to do. He suggusted we consult Council in London for a view (very,very expensive!!) to have the Covernant removed. In the end my father said it was all too comlicated and expensive so he wrote to the Church Commissioners and explained what we wanted to do and asked if they would enforce the Covernant if we did it? Several letters went back and forth, I started my business and the Church gave me their blessing and as far as I know the Covenat is still in place.

I guess what I am saying is just because its there doesn't mean you can't do what you want to do.
It might be worth checking with you local planning department wether you need to apply for planning permission to childmind. Some are fine as long as you don't go over your 6 under eights and only ask you to apply for it if you go over this but thers want it anyway. If you change the use of you house through planning you would be wise to talk to a solicitor about all the tax implications in doing this and the effect it could have when you come to sell your house.

I did warn you it would be long but I hope its been of help.

:thumbsup: thanks so much for this.

This is all what i thought

Hopefully my neighbours are gonna be ok with it ( wee boy next door screams most of the day so they wont hear anything lol:laughing: )
Its partly because its a new scheme getting built that im going for it as 6 families with young kids/bumps have already moved in so im hoping to have local folk coming to my cm service.

Thanks again Ricky for taking the time for that reply - you always were helpful :thumbsup: