Any Legal Types?

[richfzs]

Am considering starting a small mail order business, running from home. I've got plenty of room for stock etc, but had a feeling there was a covenant on the property... Dug the deeds out, and sure enough there's one about not running a trade manufacture or business.

I've also heard that covenants can sometimes be easily removed - does anybody know if this is likely to be such a case? And if not, is there likely to be any real hassle over a small mail order business?

[BBROWN1664]

How old is the house? When was the covenant originally written? Some of these things are invalid after a certain time or original builders death etc.

[richfzs]

Was built in 1946, originally as a council property.

Council sold it in March 1990, to the folks I bought it from (in 1998) - looks as though all the covenants were applied in 1990 (as an aside, do council properties not appear on the Land Register? It looks as though the title deeds I have, came into existence in 1990).

[BIG MAC]

Councils imposed covenants largely to maintain the area for remaining tenants down here there are some areas where the council no longer have an interest and you simply write to them pay a fee and get the restrictive covenat raised (These tend to relate to development and building however trade or calling can also feature) On the other hand you will need to let your house insurers and possibly LA planning dept know.

[Grahamm]

Depending on exactly what it says, it may be that it's only for turning the whole house into business premises, as such, running a mail order business out of your spare room isn't likely to breach it, but I'd suggest getting some proper advice to be safe.

[richfzs]

Interesting thought Grahamm, as it does say that it doesn't preclude physician surgeon dentist or solicitor from practicing here (with the written consent of the council).

Ok, I'm not going to be doing mail order medical advice, but if one business that doesn't affect the neighbours can exist, I dont see why another one can't.

But yeah, absolutely, proper advice needed!

[BIG MAC]

Mine requires me to display a brass plate of a given size should I elect to operate a professional business as a limitation to signage!...There goes the painting of the gable end with my company logo then

[Fazerjon]

Will you be selling Fazer parts??

[richfzs]

BM, thats in mine as well!

Fazerjon, nope, I was planning on keeping the Fazer in one piece

[locksmith]

I suppose it depends how big your business is going to be.
How many delivery vans per day?
If it's a part time thing with one or two deliveries per week and you tootling down the post office with a few parcels under your arm, why bother telling anyone?
If it's going to be a full time career with three or four deliveries/pick ups per day then do your homework but unlikely your neighbours are going to be in favour of it if asked!

[richfzs]

Ah, locksmith, thats my kinda thinking

Def low key, part time for sure (unless it takes off, at which point I'd be looking for a small warehouse unit anyway), with one or two deliveries a month, and me off to the post office for despatch. Not be any hassle for neighbours.

The not telling anybody option was very much in mind - in some ways my biggest concern is insewerance on the stock!

[Grahamm]

in some ways my biggest concern is insewerance on the stock!

I've got a combined buidings/ business/ home contents policy. It costs about £700 for a year, but it covers pretty much everything.

[Major Rant]

To enforce a covenant takes someone who is the "heir or assign" of the originator to be sufficiently motivated and is prepared to pay a lawyer to send you a letter.
 
That might just happen after a few years if the original 'covenantor' was the council and if anyone complains.
I suspect, however, that they would do nothing as long as you've got sensible neighbours and you don't create a mess or disturbance..
 
 

[rustyrider]

From what you've said, is it going to be any different to the thousands of others who work from home selling stuff on eBay?  I think most properties have a similar covenant.

[richfzs]

exactly that, rusty