Development of garage into dwelling?

[Christradv]

I am considering buying a property which comes with a garden and a garage at the end of the garden. The house and the upper part of the garden are subject to one title, and the lower part of the garden and garage are subject to another.

I am seeking to develop the garage into a small residential dwelling and construct a path from the main house, through the upper and lower garden, to the garage. I am concerned that the restrictive covenants may prevent this.

The Charges Register (in respect of the lower garden / garage) refers to restrictive covenants contained in a transfer made in 1953. The restrictive covenants in the transfer, which are expressed to run with the land and to apply for the benefit of a number of surrounding parcels of land, provide that the tranferee:

1. must NOT use or permit the land to be used for anything other than a garden or for the erection (with appropriate consent etc.) of a private garage;
2. must NOT do or permit anything to be done that may prejudice or interfere with the amenities enjoyed by a number of parcels of surrounding land; and
3. MUST observe the restrictions in the Second Schedule (which includes a covenant not to erect garages for the purpose of a trade or business).

There is some evidence that garages have previously been constructed and used, on an ad hoc basis, as storage units and, perhaps, for very short stays.

I would appreciate your views on:

1. Would the development of the garage in this way breach the restrictive covenants?

2. If so, could any of the owners of the surrounding land injunct the development (especially given that some are many hundreds of yards away), or would they have to show some direct negative impact?

3. Is this a risk that I should be overly worried about, given the age of the covenant and the fact that there seems to have been some level of residential use of garages in the past (albeit ad hoc and smaller scale than I envisage for my development)?

Answers and other thoughts would be much appreciated.

Many thanks,

Andrew

 

[Funding for Communities]

I had a covenant restricting converting a garage on a previous house. I put in for planning permission and got a letter back from a solicitor saying I couldn't proceed without the agreement of the Ex Lord of the manor who had placed the covenant in the first place. Save yourself the planning cost and doublecheck with a property solicitor before proceeding.