You're abosolutely right. A covenant on my house says that extensions etc. have to have permission from the builders. The said builders are in Receivership and have been for some considerable time. When we had a conservatory built we had to trace the Receivers and get a letter from them as permission despite the fact that the builders were no longer trading'
----
Hi Val - you were quite fortunate, without a written variation the whole thing becomes a quagmire.
Some years ago we had a tow-bar fitted to our car in preparation for a caravan. This was enough to alarm our neighbours - who circulated an A4 leaflet around the estate (one in every letterbox - except ours) entitled 'Caravan Invasion Imminent' (honestly!) which urged all residents to contact Henry Boot Homes urging them not to grant a variation of the covenant in our favour.
You can probably imagine how hurt we felt - particularly as we have a disabled family member for whom the caravan was primarily for.
Henry Boot refused the waiver (somewhat predictably) and we ended up with a folding camper that could be stored in the garage. This was also technically against the covenant, but the neighbours didn't have the gall to chase that one.
After a couple of years we looked into buying a motorhome. We thought that because it was a motor vehicle we would escape the covenant conditions. Not so - it transpired (after much research) that the only legal definition of a caravan is that contained in the 'Caravan Sites Control Of Development Act' 1961, as amended, which describes a caravan as
'Any structure intended for human habitation which is capable of being moved from place to place, either by being towed or by being placed upon any motor vehicle, or any motor vehicle so designed'
The latter part made it quite clear that a motor caravan was, in fact, legally a 'caravan' and Henry Boot's covenant still applied.
As a last resort we approached Henry Boot Homes again - and, joy of joys, their Solicitor (one of the foulest men you could ever have the misfortune to meet) had retired and had been replaced by his younger colleague.
This young man had a disabled brother, and had been appalled by the 'Caravan Invasion Imminent' leaflet sent to Henry Boot a couple of years earlier.
He happily varied the covenant for us - and it was a moment of great triumph when we arrived home in our brand new motor home (which, ironically, was considerably larger and more noticeable than a caravan would have been
The curtains twitched (and I'm sure that the telephone at Henry Boot's began to ring
, but not one of them had the gonads to say anything to our faces.
Lesson learned though - and we made sure when buying our next homes that the builders varied that covenant before exchanging contracts.