Where a builder in Dorset constructs a brand new housing estate, they typically are required to adhere to stringent planning conditions set down by the local council who granted them planning consent to build the houses on the estate.
At this time there are new housing developments at Dorset Wareham, Maidstone Purbeck Gate Dorchester Road Wool Dorchester, Tennyson Queens Park Edward Road Shaftesbury, Abbey Meadow Poole, being built by builders including Barratt Taylor Wimpey Bovis Bryant Homes
It is the builders responsibility to ensure the conditions of the planning permission are observed by those people who acquire a house on the estate along with their successors in title. Builders make this happen by inserting Restrictive Covenants on the titles to the properties on the estate.
A restrictive covenant is a promise by one person with another, for example, by a purchaser of property with a vendor, not to do certain things while using the land, for example to construct on it or utilize it as a shop or manufacturing unit.
Restrictive covenants are in effect some form of private planning management. They place limitations on the development or usage of land, for the benefit of another piece of land, and are usually enforceable by one landowner against another.
Listed in the Charges Register of the Title Deeds, Restrictive Covenants bind the land rather than the purchaser personally and for that reason "runs with the land". This means that the covenant carries on even when the purchaser sells the land to somebody else. Restrictive covenants also continue to have effect even though they were made several years ago.
Restrictive covenants often allow neighbouring property owners, who've similar covenants on their deeds, to enforce the terms of the covenants on their nearby neighbours property in a court of law.
Restrictive Covenants frequently serve to sustain and enhance the value of the properties on the estate by ensuring that any alterations to the properties on the estate are stringently governed thereby protecting against house owners using properties in a manner that will cause nuisance or annoyance to the neighbouring houses and 'lowers the tone' of the area. Thus protecting the character of Dorset
Fairly typical Restrictive covenants on new housing estates are:
- Not to park commercial cars or trucks on the property
- Never to hang washing out at the front of the house
- Not to alter the appearance of the property without having the written approval of the developer.
- To never park caravans or motorboats on the property
- Never to keep animals (except for household pets) on the property.
- Never to construct a wall or fence at the front of the property
- Not to build any structure, such as an extension without the written consent of the developer.
- Don't make use of the property for anything apart from a private dwelling house in the occupation of one family
- Never to make use of the property for business purposes, for instance, trade or manufacture
If a person violates or attempts to infringe one or more of the covenants, someone that has got the benefit of the covenants, frequently the developer, may sue to enforce the restrictions. On a large percentage of brand new estates, the Restrictive Covenants at the titles to the houses are also for the benefit of the owners of the other houses on the estate.
Restrictive covenants are outside of Planning Consent. Acquiring the consent of the person who has the benefit of the Restrictive Covenant is in addition to any need for getting Planning Consent from the local authority.
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