The Initial Enquiry
This has to be one of the longest sales processes in Chiltern Relocation’s history – but with help from a team of solicitors, builders and estate agents we got there in the end.
A couple contacted us wanting to escape London during first lockdown. They were keen to move out quickly to a less urban area and go into rented accommodation, get settled and then start to house hunt in earnest. Chiltern Relocation moved the family into a super rental house in a central location down a quiet gated road. The family fell in love with Beaconsfield and started to get a feel for the area and preferred roads.
How we helped
The couple were keen to find a house in a tucked away position, with minimum 7,000sqft, sizeable garden, five or more bedrooms and home office. We arranged a viewing for them on a house in Beaconsfield’s ‘Golden Triangle’ which came with planning permission. The location was stunning. On a quiet road with a neighbourly feel the house boasted a huge garden and tonnes of scope for a redevelopment as per the plans. An offer was submitted and details handed to solicitors.
The problems we faced
Once handed over to the solicitors it was discovered that there was a restrictive covenant on the house. A covenant may give a landowner some say over what is permissible on neighbouring property and being a restrictive covenant, it limited or prevented the use of land in a specified way to the benefit of other land. Restrictive covenants are said to run with the land meaning that the benefit and burden of the covenant relates to land itself and not to the land owner. So, with the vendor selling the covenant would still remain enforceable and a covenant can be very important as it could affect the value of land or its intended use. The couple’s lawyer explained that if they were to go ahead and build as per the aforementioned planning permission, the build would be deemed illegal.
The next step was for a Deed Variant to be drawn up to address the covenant. This document would need to be agreed by the current owner, the neighbour and the new owners. As you can imagine the process was complex, time consuming and at times stressful. It required the three teams of solicitors and their clients to agree to the new paperwork. Chiltern Relocation has found over the years that in such cases there is a real value in having a local solicitor as covenants are not uncommon in this area. The train line arrived in Beaconsfield in 1906 and to encourage people to move to the area, one-acre plots of land were sold to new arrivals. However, as the popularity of the town increased in the 1950’s many land owners sold off half of their plot for development. Many home owners were keen to protect their own houses from unsightly or overbearing development by their neighbours and therefore took out covenants.
During the process we were also fortunate to have a local trusted developer on hand who was quite experienced in the world of covenants and was able to provide valuable advice to our clients.
Conclusion
The paperwork was finally agreed and drawn up between the three teams so that exchange could take place – nine months after the sale was initially agreed. The couple were also fortunate to have the fantastic support of the local estate agent who helped to ease the process during many challenging twists and turns. The estate agent and Chiltern Relocation knew that this was the right house for them and it was just a matter of time and patience. Our clients are thrilled that the exciting process of designing and building their dream home in a dream location which is now close to completion.
