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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1723
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Joshua I have a piece of land with a restrictive covenant

Customer Question

Hi Joshua
I have a piece of land with a restrictive covenant on it (no building). A building was put on it 20 years ago, no action was taken and I believe it is now time-barred against an enforcement of the covenant. Does this also mean that the right to enforce the covenant is also lost any against future breaches, e.g. if I build another property on the land? Kind Regards.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Buachaill replied 1 year ago.
1 No, the restrictive covenant can still be enforced by its holder against any future breaches. Just because one building has a defence of time bar against the enforcement of the restrictive covenant this does not mean that the covenant is no longer effective against other breaches. The restrictive covenant is still operative and if a different building is erected contrary to its terms then the covenant can be enforced and that new building torn down. Time delay is only a defence. it is not the assertion of a contrary right which nullifys the restrictive covenant. The covenant continues to exist and can still be enforced.
Customer: replied 1 year ago.
ThanksCustomer Thought that may be the case! Worth checking though, as it would have been a simple solution. Will need to get more inventive. Regards.
Expert:  Buachaill replied 1 year ago.
2. Best wishes with it. Please RATE the answer.

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