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
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.
"Nervous O'Toole" <abc 123> wrote in message
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
Tony Bryer SDA UK 'Software to build on' http://www.sda.co.uk
Free SEDBUK boiler database browser
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.
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
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
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