Help! Restrictive Covenant

Help! Restrictive Covenant

8:28 AM, 26th March 2018, About 4 years ago 13

Text Size

The restrictive covenant found against my property:

Not to use or allow or cause the property to be used for any purpose other than that of a single private dwelling house.

I would like to know exactly what this covenant states and means in practice.

I am looking to put another dwelling onto my land and wanted to know if I could bypass this some how or if there is any way of lifting the restriction.

All help is appreciated thanks guys.

Nick



Comments

by terry sullivan

0:38 AM, 3rd April 2018, About 4 years ago

another reaso why lawyers should be barred from being MPs

by Ian Narbeth

12:16 PM, 3rd April 2018, About 4 years ago

Reply to the comment left by Yvonne Francis at 02/04/2018 - 12:14Dear Yvonne
Looking back at my first comment on this thread I see I referred to Nick when I should have said Neil. My apologies. I have no inside knowledge from Nick on his question.
I still stand by my advice not to discuss the covenant with the neighbours before taking legal advice.
In your first post you mentioned having had advice that you needed to get everyone who could benefit from the covenant to sign away their rights. Whilst technically correct (well almost, as any mortgagees of the dominant tenements would also have to join in!) if that advice was all you were told then it is incomplete. When the covenant was imposed may be relevant. Furthermore, there are other ways to deal with old restrictive covenants such as using s.84 of the Law of Property Act 1925. Alternatively if indemnity insurance can be obtained, that might allow a development to proceed.
I agree with you about Property 118 posts sometimes getting emotional. I hope that not many of mine do! I note that you appreciate the need for professional advice. Some posters on this forum appear not to do so.

by Jane rees Rees

17:52 PM, 10th July 2020, About 2 years ago

We had an issue with a restrictive covenant recently. We found the name Andrew Francis on this site, he is a leading authority on the subject and has written a book widely used by property lawyers. We actually spoke to his partner based in Cheltenham Jonathan Kenwright who was generous with his time and super helpful. Would highly recommend this team. He offers a free consultation.
http://www.landcovenants.com
jonathan.kenwright@croftsolicitors.com
Hope this helps someone else.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER