restrictive covenents

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O.K. - cancel the party then :-)
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The thing to remember with covenenants, is that they can only be enforced by the person who benefits from them. Many properties have covenants, but they relate to a builder or other body long gone, or who would have no interest or possibility in enforcing the covenant.
Also there must be a good relationship between the covenant and the person benefiting form it, and it must relate to the land or use of it. For example, some posts have mentioned paying a fee to the builder (eg Barratt) to remove a covenant or as some sort of retrospective payment for 'breaching' a covenant. Now if Barratt have no intrest in the land (ie all the houss are sold) then the covenant to them could be nulified, and not enforcable.
Covenants run with the land and not the person, so if that persons interests in the land deminish, so does the convenant.
You should first ensure that the covenants are still valid and enforceable, before letting the solicitor take any more money off you.
dg
"Nervous O'Toole" <abc 123> wrote in message

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But - the only way to do that is to PAY the solicitor to do so, so he wins either way :-(

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wrote:

IANAL but IMHO this is oversimplistic: if the covenants come under the definition of a 'building scheme' any owner can enforce against any other. So AIUI if Barratt develop an estate of freehold houses and sell them all with a covenant not to do xxx any owner can take action against any other owner who transgresses.
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Pretty much. It's not invariably the case. But it very often is. The benefit of a covenant *can* pass to everyone on an estate - despite the original beneficiary having gone or not even existing any more.
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Whilst this can be the case, any covenants based on this have to confirm to a set of 4 criteria, and must essentially show that they [the covenants] are intended to benefit the whole estate. If over time certain events or social changes (eg popularity of conservatories) mean that the covenants are not benefiting the estate generally, then they may be unenforcable.
Many covenants placed on properties are infact worthless and unenforceable, but stay on the deeds out of laziness or apathy by the solicitor or buyer.
One of my covenants (benefiting the local council) was that I could not park my car on my drive in front of my garage (which was built at the same time as the house)! Totally unenforceable in todays living - if we were all made to park on the road, you could not drive down it. It was removed, when I pointed out its stupidity
dg
wrote:

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"Nervous O'Toole" <abc 123> wrote in message

Thankyou again for all your replies.
After finally getting hold of solicitor, not much further forward, and are just waiting too see what happens.
The only kinda quick fix seems too be the insurance option ( but who knows). Wonder how much it would cost for the vendors to do that (Full market for eternity).
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Very little, normally. The risk of enforcement is usually very small, particularly if planning permission was obtained and no objection received.
Christian
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