UK Property Law
Ask an UK Property Law Question, Get an Answer ASAP!
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:-
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,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).