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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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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: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 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 6 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 6 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

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