What to do if the property that you want to buy has restrictions on it?
Properties can have many restrictions on their title deeds.
Rules that you have to follow.
Why are restrictions placed on some properties?
And what should you do if you find out that a property you're buying has a restriction on it?
Properties can have many restrictions on their title deeds.
Things that you can't do in or to your property.
And things that you have to do to your property.
Easements and planning restrictions.
Rules that you have to follow.
Even though you have bought the property, and it is yours, there can still be things you must and mustn't do.
So, why are restrictions placed on some properties?
When a property is built, converted, or even extended, the planning authority can add restrictions as a condition of passing the planning permission.
This is to either restrict the property's future uses or ensure that the area isn't altered in any way aesthetically.
It's relatively common with older properties to have restrictions or easements on the title of the property. And sometimes, on newer properties, there will be mention of not parking a boat or caravan on the driveway. Or even that you mustn't alter the front door's colour or put up a satellite dish.
This is to keep the street scene the same whilst the builders complete the site so that things look as they are supposed to whilst all the plots are being sold. Of course, front doors don't last forever, so it's impractical to enforce that you can not change your front door ever. Once the builders have moved off the site, these restrictions are usually removed.
But many restrictions can be added to a property, some of which you may never have heard before.
And what should you do if you find out that a property you're buying has a restriction on it?
Should you pull out?
In a short answer, no?
The first thing to establish is the exact details of the restrictions. Your solicitor will be able to get this information for you and will advise on the pros and cons.
These can vary significantly from regionally specific restrictions to a simple right of access.
So what are the restriction types that you may come across?
Easements - a third party (an individual or a utility company, for example) has a right to use your property for a particular purpose. Often this comes up with drain pipes that run through gardens.
Covenants - something you MUST or MUST NOT do with the property or land.
Rights of way - these rules relate to access, and a property can either be the dominant or servient tenement of the rule. This means that you're either given access over a neighbour's land, or someone else gets the benefit of access over your land.
Listing status - Property listings are often seen as both a blessing and a curse. Listed status is granted if something of historical significance needs to be preserved. Added to the property title could be a specific listing, such as the staircase or the entire property. Different levels of listing will impact your ownership of the property. They'll mean you either have to gain permission before making any changes or prevent you from making changes altogether.
Conservation area - This restriction is placed on an entire location instead of one individual property. It ensures that the area in question doesn't alter in appearance and is often placed in areas of significant natural beauty. Market towns and national parks usually fall within a conservation area. The type of restrictions in these areas apply to the outward appearance of all properties in the area and will prevent things like solar panels, skylights and double glazing from being added to a property. They are fundamentally trying to CONSERVE the area, to keep it as accurate to its original form as possible.
Occupancy restrictions - This restriction will affect the usage of the property. Often used in rural locations to prevent a property from being used as a holiday let, or perhaps enforcing use as a holiday let, depending on the availability of tourism and other property for local residents in the area. It can also be used for properties built for a specific reason, such as agriculture. A farmer may be granted permission to build a property in a rural location to enable a staff member to work within the farm business. This property will most likely have a restriction placed on it that the occupant must work within the farming or agriculture industry. This will prevent the property from being granted planning permission that subsequently becomes a holiday let in a location that would otherwise not be granted permission for a new build.
What to do if the property you want to buy has restrictions?
Does it restrict something you want the property for? - i.e., Are you trying to buy a holiday cottage with a local occupancy restriction? If so, this restriction would prevent you from using the property as you intend. This is not likely to be something that can be removed, but it is worth asking your solicitor to look into it further. Unfortunately, you probably can't buy this property if it cannot be removed.
Or slightly less dramatic; perhaps it restricts the kind of fence you are allowed to put up? You need to decide if that is a deal-breaker for you. Are you happy to still buy the property, knowing that you can't change this? If so, the restriction should not affect your purchase, just your choice of fencing.
Perhaps speak to the sellers candidly about their experience of owning the property with a restriction. How, if at all, has it affected them?
Property restrictions can be a blow if you find the property of your dreams. Still, they're only really a problem if the restriction prevents you from using the property as you'd intended.
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