Restrictive Covenants - Our Service In Brief
We 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.
We can also advise you if you are considering selling land or buildings and wish to protect the land you may be retaining to ensure that the buyer cannot develop the land you have sold in a detrimental manner.
We often send back a preliminary report or assessment and tell you if you have issues worth pursuing.
The object is to guide you on issues to relevant validity of covenants and whether covenants are still enforceable either between the original parties who entered into them or by successors of the original parties.
It is surprising how often landowners are suddenly made aware that their land is subject to a restrictive covenant. A common example is that an owner seeks planning permission to extend his home and suddenly a neighbour produces a document that gives him the benefit of a covenant that may stop the building of the extension in its tracks.
- So who imposed the covenant, which the land was intended to benefit from the covenants?
- Is the covenant between the original parties who agreed it or have different areas of land changed hands.
- Is the covenant correctly worded has it been protected by registration at the land registry.
- Is the restrictive covenant still valid?
- Can it be modified?
- Has the property been devalued?
- What can I do?
These are all valid questions that may need to be answered.
We hope this site can help you whether you have the benefit of a covenant or if you are subject to the burden of such a covenant.