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Is it possible to change covenants attaching to title deeds
Optional Information: Province/Country relating to question : england Already Tried: This is my first act of research, as I thought it would be difficult to change the covenants attaching to a land purchase.
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Hi, yes it is possible, but it is not very simple.
In order to change covenants, you will need to obtain the consent of the person that imposed the covenant or apply to the lands tribunal to have the covenant removed although this is a lengthy, expensive and complex process.
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If the owner of the land is a local authority, but the land is described (covenanted) as amenity Land in it's deed of purchase from the original owner and the local authority then sells it to an individual with the same covenant,can the local authority or the individual owner remove or change it without reference to those who would enjoy the amenity? Or, is it simply a matter of the indivdual doing a private deal with the local authority? Your reply would be most welcome. Thank you in anticipation.
Hi, the individual will have to negotiate with the local authority for the removal of the said covenant. The covenant will not be able to be removed without their consent/approval.
Experience: LL.B, Pg.Dip LPC, LL.M, Higher Rights Civil, M.B.A (Pending)