Consent for Building or Alterations

Restrictive Covenants often contain provisions allowing buildings or alterations subject to consent being given.

It is important to look carefully at the wording used in such a restrictive covenant in order to judge the true strength of the covenant. It is also important to examine who is entitled to enforce the covenant and give consent as appropriate.

In many instances the current owner of the land entitled to the benefit of the covenant will be the correct person to give consent, however, there are occasions when a covenant is worded in a manner that only gives the benefit of the original Vendor. Each case needs careful investigation.

Where a requirement for consent is stipulated issues arise as to whether such consent can be withheld if the proposals for building or alterations are reasonable. Again, careful examination of the covenant is required as it is often the case that covenants are silent on the degree of power or discretion to withhold consent.

There is considerable body of case law that can often assist by coming to the aid of an owner where consent is being withheld without good reason.

If you are troubled by this form of covenant it is always prudent to contact us to discuss your individual problem.

Land Law Solutions Limited,
Bushes House
High Lane Low Row
North Yorkshire
DL11 6NS

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