How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6598
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

WE HAVE A COVENANT ON OUR PROPERTY MADE IN 1895. WE WOULD

Resolved Question:

WE HAVE A COVENANT ON OUR PROPERTY MADE IN 1895. WE WOULD LIKE IT LIFTING BUT TRACING POSSIBLE LIVING BENEFICIERIES IS PROVING DIFFICULT:-

QUESTIONS I HAVE ARE, BECAUSE THE COVERNANT IS SO OLD CAN WE JUST IGNORE IT PERSUE OUR DEVELOPMENT AND HOPE NO BENEFICIERIES APPEAR. HOW LONG AND APPROXIMATELY WHAT COSTS IS INVOLVED IN EMPLOYING A GENEALOGIST TO PERFORM A SEARCH FOR BENEFICIERIES WITH A FULL REPORT TO GAIN iNDEMNITY INSURANCE AGAINST A BENEFICIERY MAKING A FUTURE CLAIM. CAN ANY PERSON OR ORGANISATIONS STOP A DEVELOPMENT PROCEEDING IF THEY KNOW OF THE COVENANT.

DO YOU HAVE ANY OTHER SUGGESTIONS?

KAREN
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,


Thanks for your question..

 

You can just ignore the covenant and proceed if you like, but I would suggest taking out indemnity insurance if you do. You do not generally require a genealogist's report in order to receive a quote for restrictive covenant indemnity policies. Call some of the providers, I think you'll find you can get one easily with a report.

 

Neighbours, for example, could in theory apply for the Court for an order that the covenant be enforced against your plans for development but given the age of the covenant it is fairly unlikely to be enforced unless th neighbour themselves can produce other evidence that their enjoyment of their property would be significantly negatively effected.

 

You could apply to the Lands Tribunal for a modification or release from the covenant, but considering that the age of the covenant I would have thought this overkill - it's expensive and time consuming.

 

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

Kind regards,

Tom

 

Customer: replied 4 years ago.

 

Thanks that's really helpful. Just one more thing, the covenant was made in 1895 when the beneficary was 68 years old I have found records of a wife but non of any children, he had 2 brothers and 3 sister one of whom I have found a record of being a spinster. If I continue my research would an insurance company accept all my findings if presented in the stlye of a report?

 

We have already breached 2 of the covenants and have done so for over 20 years, if a beneficary did come forward would this weaken their case to enforce the covenant as they have not contested the breach's thus far? There is no mention in the convenant of annexation or assingment of benefit I understand that as this covenant was made before 1st January 1926 does this mean that the covenant was not for the benefit of the coventees land.

 

Karen

Expert:  Thomas replied 4 years ago.

Hi Karen,

 

If you have breached the other covenants for 20 years or more then they will not be able to enforce those breaches of covenants so don't worry about them.

 

You will only have to give details to the indemnity providers of your attempts to contact those with the benefit of the covenant, they will make an assessment on they likelihood of a person coming foward. It would seem highly unlikely in your case and you will almost certainly be able to get a policy.

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6598
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
Solicitor
6598 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor