Covenants on ex council land now used as garden

Hi all,

Am looking through the transfer of registry documents at the moment and I'd like to get some opinions on the covenants it includes for the land bought from the council to extend the garden.

I'm trying to get a sense if these are overbearing or standard clauses and what people make of them:

The first is access to coucil/their agents at any time with written notice to repair, clean, ammend sewers, gutters, cables, conduits, pipes etc that run through the garden and making right any damage caused. E.g. if i buy a tree and after 5 years of growth it has to be cut down to dig a trench to lay a pipe, will they replace that with a like for like 5 year old tree or its monetary equivalent?

The one I'm more worried about is: to pay a fair proportion of the expense of repairing, maintaining, cleaning and amending any sewer lines, drains, conduits, gutters, pipes or services the transferee is entitled to in respect of approved work undertaken by the transferor [council]. With the proportions and contributions to be in case of dispute conclusively determined by the transferor [council].

To me the above means they can make us pay towards any work they do with any of the services and are forced to pay as little or as much as they please? Is that normal/incredibly risky, or actually a benefit if something goes wrong with say our sewage line they'll be shouldering some of the cost?

Thanks for any thoughts!

Posted Jul 17, 2025, 8:37 AM UTC

13
Loading comments…