Are the covenants recorded against my property still valid?

This a question commonly asked. If the restrictive covenants have been correctly applied to an area of land then they can remain in force indefinitely and restrict the land owner question. In the same circumstances the neighbouring land owner entitled to the benefit of the covenant will also continue to be able to enforce the covenants. It is our experience that covenants which on the face of the document appear valid may on deeper investigation be found to be invalid or unenforceable. This can occur for a number of technical reasons. It is always worth engaging a lawyer with strong experience in this area to examine and report on the covenants.

In every case we would wish to see the complete document which imposed the covenant and to have details of the background circumstances which led to the imposition of the covenants.

If circumstances have changed substantially since the covenant was imposed then changes in the physical environment may have a bearing on the overall position.

Restrictive CovenantsThis is a specialist area and we cannot give a fixed price but please complete the contact form for a preliminary discussion of the issue. We can often help in a cost effective way. If you would prefer to discuss your restrictive covenant issues with us please leave a brief message and we will get back to you. There will be no charge for this initial discussion.

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Restrictive CovenantsWe invite you to visit various parts of the site and by doing so we hope it will give you an insight into this area of law.
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Restrictive CovenantsWe like to hear from people who need advice, please feel free to call the help line 01748 880173 by speaking to you and listening to your outline of difficulty we can usually give you some preliminary advice on how to find a possible solution.
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