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Thomas
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Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i am proposing to buy a semidetached cottage that has a covenant

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i am proposing to buy a semidetached cottage that has a covenant in place to stop any building or extending of that property. however the side of the property has several rotting and messy out buildings and a small flat roof extension which i wish to demolish and build again. will i be able to get this covenant overruled or am i stuck with it. Will i be able to replace the existing out buildings or extension with something better. what do i need to do to achieve this?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Hi

How old is the covenant?

Tom
Customer: replied 3 years ago.
about 20 years old.
Expert:  Thomas replied 3 years ago.

Hi,

 

A covenant can be released or modified by the original person who imposed the covenant on the title (eg. developer). You could contact the person/developer and ask for their requirements to have the covenant appropriately modified or released altogether. They would probably charge a fee for this.

 

If the above is not a possibility for whatever reasons then you could apply to the Land Tribunal to have the covenant modified, though this is not cheap or quick. Info here:-

http://www.landstribunal.gov.uk/

 

If you take the risk and proceed without release or modification of the covenant then after the works have been carried out and no enforcement action has been taken then you can obtain a restrictive covenant indemnity insurance policy to cover the cost of enforcement action taken in the future. This does not prevent enforcement action being taken obviously but it does cover the loss you would suffer.

 

For example, were you to sell the property the purchaser's solicitors would ask for such a policy (in the event that consent was not obtained).

 

If you google "restrictive covenant indemnity insurance providers" you will be able to make inquiries with insurers. They will need a copy of the wording of the covenant, the nature of the contemplated breach, the date the covenant was imposed and details of the steps you have taken to contact the person with the benefit of the estate.

 

They are relatively cheap (approx £150 depending on the value of your property) and the benefit can be passed on to your successors in title. You will also need to contact your lender to gain their approval of the policy.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,

 


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6376
Experience: BA (Hons), PgDip, Practising Solicitor
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