nap har

Registered with Property118.com
Saturday 2nd September 2017

Insures properties through a broker recommended by Property118
No


Latest Comments

Total Number of Property118 Comments: 2

nap har

21:58 PM, 4th September 2017
About 3 years ago

Options to release a restrictive covenant (Housing Act 1985 section 610?)

Hi Puzzler
I am in East London

Thanks for all the comments so far.
If I wanted to build the flats, I'd have no issue in paying the covenant holder. It's not that simple though, but I don't want to go into the issues on a public forum, but as an overview, this covenant is stopping me doing something else on the property, for which I have permission; the covenant does not forbid what I want to do, according to my lawyer, but someone before me stupidly asked the company about it, and they stated they wanted a "hefty" fee to give permission for something they are not required to give permission for. Since they have been contacted, covenant insurance is a no-go. Hence trying to find a "work around", ie get planning for flats and ask the county court using section 610 to remove the problematic covenant. It's just open option I am considering. Negotiating with the company is another, given the barrister opinion I have since received (three solicitors and two barristers all agree the covenant does not stop the works I want to carry out, but just going ahead without insurance is a financial risk I cannot take).... Read More

nap har

21:58 PM, 2nd September 2017
About 3 years ago

Options to release a restrictive covenant (Housing Act 1985 section 610?)

It is Freehold, I own it.
I am already very familiar with the covenant, what it does and doesn't stop; I need the permission of the company that set the covenant to convert to flats, and the covenant is valid. They will want a hefty payment I believe, hence looking at the county court option, assuming I can get the planning permission.
Ignoring the planning permission, does anyone know how long this process takes, how it works, and the likely costs, excluding any award of fees etc by the court?
And does anyone know of a good specialist solicitor in this kind of arena?
Thanks... Read More