Chalkwell Covenants

Restrictive covenants affecting properties on the Chalkwell Hall Estate

Over the last few years our committee have become concerned over monetary demands being made of residents by or on behalf of the original Estate owner, the Chalkwell Hall Trust Ltd, company registration no. 00123236 (CHTL) for consents to alterations and additions to their houses.

At the time of composition of this note CHTL is still in existence having been incorporated in 1912 but over the years it has had a number of name changes and is now called Peachview Ltd, but with the same company registration number. However, we understand the demands are presently made in the name of Chalkwell Hall Properties Ltd, company registration no. 01077018, and that company assert they have the right to make the demands on behalf of CHTL having had the benefit of the covenants assigned to them.

Details of directors and share holders can be found at www.gov.uk/get-information-about-a-company and best to use the company registration number.

Those who have lived on the Chalkwell Estate for many years will know that these monetary demands have only arisen in the last decade, no doubt prompted by both the events on the Burgess Estate in Thorpe Bay and as a result of a round robin letter by the solicitors acting for the Chalkwell Estate to other local solicitors and conveyancers warning them that consents are required and for which a payment must be made. A copy of that letter is attached.

For those who have made alterations or additions to their properties, the crunch may come when you sell and find a buyer and that buyer may raise the issue because of the round robin letter referred to above, not necessarily because consent is either legally required or the level of payment demanded is reasonable. Our initial advice is that on a sample of properties the consents required only apply to the original first build of the house where a fee for approval of 2 or 3 guineas was required, i.e., £2.10p or £3.30p not the hundreds / thousands presently demanded. Having said this, matters rest on the actual wording of the covenant as it affects the individual property.

We have been involved with solicitors and had intended to brief a barrister, but the cost was too prohibitive without mass support and contributions from all residents. However, in a verbal opinion we have been given to understand that on the sample wordings we have, consents are not required to alterations or additions, as opposed to total demolition and reconstruction, or even if they did, the covenants usually set a fixed figure of 2 or 3 guineas which is all that is payable.

Like the residents on the Burgess Estate, we need to unify and put a stop to unreasonable monetary demands and resist these where such payments are not due. We would like to know if and when demands are made, and to this end would ask you to contact us with the relevant details as we maybe able to give guidance.

Finally, if you are resident in Chalkwell and are not a member of the Residents Association, we ask that you join, the current annual fee being just £5.00p per year (please see Membership page).

As a purely voluntary group we must protect ourselves, and to that end we must emphasis that what we have said is for guidance only and not to be relied on in law as each situation will depend solely upon the wording of the covenant in your house deeds. Whilst we will endeavour to assist, you must ultimately only rely upon your own individual legal advice.

Sally Holland

Chair 3^rd September 2021