Covenants

 

All conveyances of property on the Estate contain the following covenants dating from development of the Estate.

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1. Forever after to maintain in good repair the existing fences on the boundaries of the land marked with a ‘T’ within the boundary of the said plan.

2. Not without the consent of the Vendor (in practice now the Company) to erect any fence or plant or permit to grow any hedge on the existing open boundaries of the said land.

3. Not without the consent of the Vendor (in practice now the Company) to erect any building on the said land.

4. No building erected or to be erected on the land shall be used other than as a private dwelling house and garage.

5. Not without the consent of the Vendor (in practice now the Company) to bring or place on the land any caravan, house on wheels or other chattel adapted or intended for use as a dwelling or sleeping apartment or any boat or trailer of any description.

6. To contribute a one seventy second part of the cost of maintaining the roads, footpaths, amenity land such contribution to be paid to the Vendor (in practice now the  Company) on demand.

7. Not to park vehicles of any description on any of the amenity areas coloured green on the said plan (ie. the definitive plan of the Estate a copy of which is in  the Estate Plans page).

8. Not to sell or otherwise dispose of the said land without requiring the then purchaser or transferee to acquire the one share of Ten Pounds in the Company known as Tor Bryan (Residence) Ltd 

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Whilst all these covenants impose some burden or are restrictive they are framed for the   benefit of residents generally and have as their sole purpose the protection of the character and general ambiance of the Estate.

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Re. covenant no 7 see information about parking on roads in section Tor Bryan Estate: Guidance Notes under heading Use of Roads

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Furthermore, a conveyance of the Tor Bryan land dating from 21 February 1894 contains various restrictive covenants and stipulations which may still subsist and be capable of being enforced. Principal amongst these is that which requires that no building erected is to be used ’..as a shop or for purposes of any trade or business whatsoever’ excepting use as offices for any member of the legal or medical professions’ and that which stipulates that nothing is to be done ‘upon the premises or any part thereof. which  should or might be or grow to the nuisance, annoyance or damage’ of Lord Petre, his heirs and assigns and ‘any tenants or occupiers for the time being of any of the lands adjoining or situate near the land’ This requires some interpretation but is believed to now provide redress to any resident against nuisance, annoyance or damage caused by any other resident.

 

It is expected that all residents will observe these covenants and will consult with Directors of the Company before commencing any action which might constitute a potential breach.

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Estate approval process

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The third covenant above requires approval of the Company for the erection of any buildings as well as any exterior alterations and extensions. Outhouses are not permitted by the deeds but historically the Company has adopted a relaxed attitude to garden sheds, greenhouses and similar ancillary buildings where these are of reasonable proportions.

 

Accretions to properties such as tv aerials, satellite dishes, solar or photovoltaic panels, other micro-generation equipment and any other devices which technology might produce in the future can all have an unsatisfactory effect on the appearance of a property and by extension the Estate as a whole. Whilst there is no covenant control over these, residents are requested both to show consideration to neighbours and to be conscious of the aesthetic effect such features may have by minimising their impact as much as possible. Some of these though do now require planning consent as the Estate is within a Conservation Area – see Conservation Area status page.

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In the case of building works residents contemplating any such works should submit to the Company (by depositing with any of the Directors) 2 copies of plans showing their proposals for approval bt the Board. This is not a particularly onerous requirement since in the majority of cases such plans will have to be produced in any event to seek planning and/or Building Regulations approval from the local authority (see notes in the Conservation Area  status page). The plans should be prepared to a standard consistent with that required for a planning application and to recognised and defined scales.

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If approved one copy of the plans will be returned endorsed with the Company consent and the other retained with the Company records.

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Additionally, where planning consent is required the Board requests that a copy of any such consent is provided for its records.

 

These requirements are not borne of any desire to be officious. It is essential for the benefit of all residents that the Company maintains accurate and comprehensive records of its actions. It is also the case that these days solicitors’ enquiries prior to a property sale are very extensive and are likely to include a request for evidence that any approval required by covenant has been obtained. The ability to produce an endorsed, approved plan to that effect is therefore very valuable, may ease the sale process and possibly even save a sale.

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Where residents have any concerns as to the acceptability of their proposals it is recommended they should consult with Board members prior to preparing any plans. The Company is quite prepared to spend time with residents so as to offer advice and assistance with the objective of seeking solutions acceptable both to the individual(s) concerned and to the benefit of the Estate as a whole.