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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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We have put an offer on a property that is very suitable to

Customer Question

We have put an offer on a property that is very suitable to use as a mechanical garage. However the title shows that in 1935 this piece of the land was owned and sold by a family who retained the adjoining plot and used that as a mechanical garage and petrol station. The restrictive covenant says 'That no part of the land or any building or erection thereon shall be used for or in connection with the business of a garage proprietor or vendor of motor spirit'.

From investigation the mechanical garage on the adjoining site seemed to cease trading around 1955 and depite trying to locate the family or persons who placed the restrictive covenant on the land we have been unsuccessful. If the owners were say 50 years old in 1935 they would be well over 130 now.

We have searched the local Census and historical societies but are unable to find any decendents. What would you suggest.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

HelloCustomer

 

Thanks for your question.

 

In reality, those with the benefit of the covenant are pretty unlikely to seek to enforce the covenant for the reasons you state.

 

You can obtain a restrictive covenant indemnity policy to cover against the costs of any enforcement action being taken. If you goodle "restrictive covenant indemnity policy providers" and there will be a number of insurance companies offering the service. You will need to give them details of the property, the covenant, you efforts at obtaining a release from the covenantors and the nature of the breach. It will not be that expensive (Around £100.00 approx).

 

You could apply to the Lands Tribunal to have the covenant modified or removed, but this is a lengthy and expensive process. You may take the view that this is overkill in light of the age of the covenant and low probability that enforcement action will be taken.

 

If this has been useful please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6536
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

Dear XXXXX,

 

Thank you, XXXXX XXXXX information on the title deeds I would have assumed that nobody would be alive or indeed be in a position to know what was put on the title apart from the solicitors. I think we are prepared to accept the purchase and carry on with the mechanical garage. May try and get a couple of thousand off though, just for the fun of it. We will investigate an insurance. Thanks.

Expert:  Thomas replied 4 years ago.

Frankly, I wouldn't have thought you'd have much of chance reducing the price (try it though). You will be much more likely to get them to pay for the indemnity policy though.

 

Good luck with it and thank you for the kind accept.

 

Tom

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