Q&As

A property title contains a covenant in a transfer from 1981 that says there can only be a one storey extension at a property. If the owner digs down and forms a basement, is that a storey, or is it only above ground?

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Produced in partnership with Kate Andrews of Hamlins
Published on: 23 August 2017
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For the purposes of this Q&A, it is assumed there is no definition within the transfer or any related document and there is no support/assistance derived from the transfer, which would provide a clear definition of ‘storey’ or any assistance as to its meaning. The exact wording of the covenant would be the first starting point alongside any definitions contained within the transfer.

Furthermore, whether a storey is seen to be only above ground will need to be considered in view of the transfer and the subject matter of the transfer, the document needing to be read as a whole document.

Legal definition

In the absence of a common definition of ‘storey’, a definition relating to basements of House(s) in Multiple

Kate Andrews
Kate Andrews

Kate is a partner in the Property Litigation department at Hamlins LLP and advises on a wide variety of contentious property-related matters. Her main area of practice is contractual and development disputes, including specific performance claims, injunctions, rights to light, insolvency issues, Party Wall Act disputes and the redevelopment of business premises. She also deals with dilapidations, service charges, applications for consent, rent reviews and other landlord and tenant issues. Kate trained with Nabarro, qualifying in 2003. She joined Hamlins as a partner in 2014.

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Jurisdiction(s):
United Kingdom
Key definition:
Covenant definition
What does Covenant mean?

(1) legal safeguard put in place to protect bondholder's interests

(2) underlying promise of the employer to pay contributions to a pension scheme

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