Barn!

[RMS]

Hi 602,

The property is one of three, each with one acre of the original three acres, and all three covered by the same covenants, including some restrictive ones.

Our main concern was a restrictive covenant stating that no business or trade may be carried out on any of the properties - that seems to have been ignored in the past and we have spoken to the neighbours about my business, and none are bothered so hopefully it will be 'business as usual'
Otherwise I'll just keep our existing house address as my official business address - I'm sure Patrick won't mind

We're hoping to exchange contracts next week, with completion the same day if our final investment cash arrives in time. Otherwise completion will be on the 26th when our solicitor gets back from his holiday, so we could have the keys as early as next Thursday, just in time for me to set off to the Peterborough show

I'm itching to start moving stuff there, and I've already drawn out pencil sketches of how to utilise the 14 bays in the barn plus the office space

Funnily enough, another restrictive covenant on the property states no livestock may be kept - that didn't stop our sellers from getting a smallholding licence and keeping goats, ducks and chickens, with full approval of the neighbours!

Cheers,
Robin.

[RobW]

Robin wow, the numerous treasures one could hide in that are mind boggling. Could this be The RMS National Storage Centre for Wife Unfreindly Bits?. you'd make a fortune

Equally he can blame us for anything he's bought.....

Re the mower, you mean one of these?

[RMS]

Yep, one of those

Unfortunately there's not quite enough lawn to justify a gang mower behind the Series, but I'm hoping to find a 'classic' mower to restore rather than one of the modern plastic orange things! Unless one comes up cheap at the right time

[Viamphie]

If all goes well tomorrow(off to see a house), I too shall be needing one of those. How quick can one mow an acre?

[w3526602]

Our main concern was a restrictive covenant stating

Hi RMS,

From knowledge gleaned from gardenlaw.co.uk, I understand the "must" covenants cannot be enforced against any owner after the first, but "must not" covenants can be enforced.

Covenants may only be enforced by whoever they are intended to benefit ... IE, whoever originated the covenant, and possibly the neighbours if they bought their house on the understanding that, for instance, you would NOT be allowed to brew hooch, or run a tripe shop. I have had both those covenants on houses I have owned.

However, is a covenant has been broken, and allowed to remain broken for a considerable period, the Courts will be reluctant to enforce it against the Perp ... or anyone who follows suite. A typical example would be a covenant preventing the erection of a fence around the front garden ... but somebody will push their luck, get away with it, so somebody else does the same ..... Of course, no fence round the front garden may have been a Planning constraint, but after four years, the Local Authority cannot demand it's removal. A big building has the same 4 year "quarantine" period, after which the Planners cannot demand it be demolished, but they can prevent you using it if you have not been using it for ten years.

Be aware that if a neighbour has been using/crossing your property, at least once every year for 20 years, their property gains the right to continue using/crossing. It's a bit rough when the little old lady with a shopping trolley sells up, and the new owner runs an agricultural plant business. It is not unknown for one property to drain into their neighbour cess pit ... and refuse to share the emptying costs.

gardenlaw.co.uk can be very entertaining reading. There was a recent discussion started by a naturist who's neighbour had a drone with camera attached. He was advised not to shoot it down.

602

[w3526602]

PS,

Motor racing (see pic in previous mail), clay pidgeon shooting, and open air markets are only permitted (without planning permission) on 14 days per year. Most everything else is allowed for 28 days ... except caravans. I'm not sure if there are any other constraints.

602

[RMS]

Well, it's ours now

Exchanged contracts and completed on the same day, today!

There's still a lot of the previous owner's stuff in the barn and one of the cabins, but due to a family illness he didn't manage to shift.
So we're just waiting for him to get back to us about what he's going to do with the swimming lane and Jacuzzi in one of the cabins, and the trailer etc. in the barn, then I can start painting before I start moving my stuff in. Lots of cheap trade vinyl emulsion and a HVLP sprayer shouldn't take long, I think

Cheers,
Robin.

[w3526602]

Hi,

Whatever was left in the house after completion IS YOURS ... not that I would expect you to get pedantic about it. But what if the vender had left a house full of clutter.... as they do ....

My mate bought a house, cheap, but that may because the ground floor had fallen into the cellar, and the fire brigade had to shore up the first floor before they could remove the body. (Same mate had to hold a corpse to stop it sliding down the aisle when the plane landed).

Whatever, when my mate eventually got up to the first floor, he found it was full of posh cameras (including Leicas). Checked with solicitor ... they were now his. I think the Law of Property 1925 covers it ... you buy what is, or appears to be, part of the property.

602

[RMS]

Hi,

Whatever was left in the house after completion IS YOURS ... not that I would expect you to get pedantic about it. But what if the vender had left a house full of clutter.... as they do ....

Probably legally, but not morally, in this case, I think.

The sellers had a family crisis just a week and a half before we were due to exchange contracts and complete - their teenaged son started having fits and ended up in hospital for a week with them at his bedside most of that week when they had intended moving the rest of their stuff out.

It was us who suggested they could leave whatever they couldn't manage to take before completion, as we thought there was a chance they might pull out

It's just a matter of finding out what they want now, so we can put those to one side.

They are a very generous family, and had offered things not included in the original sale, so we really don't want to be pedantic about it

Cheers,
Robin.

[dudley]

Hi

Congratulations,Congratulations,

Regards

Phillip