Restrictive Covenant on Land

[linnett]

I am about to demolish my house and build a semi -detached house in the same position. I have found out there is a covenant on the land saying only 1 house can be built. This stems from 1964 when my house was built and the person who put this on has died and his large house has been pulled down and a small development is in its place. Do the people in this development still have the right to prevent me building?
Please can someone help me with this problem

[flyciderman]

This is a complicated matter and I would suggest that you speak withyour solicitor. At least if his advice is wrong you can sue him. But if is very possiable that the value of the restriction will be still vested int the owners of small development.

[Eve]

This should have been looked into when you purchased the property and i would suggest that you check your report on title and other docs received such as copies of the title register which may provide more detail.

There are possible ways round the situation but you could do with the help of a legal advisor.

Indemnity insurance may be put in place for a one off premium but it is not the solution it can be made out to be. If it is suggested look into the policy wording and obtain clarification from your advisors before you rely on this.

It could be that some kind of agreement could be reached and a deed of release subject to other conditions and more than likely for a fee of the person with the benefit could be traced. Do note though that approaching anyone would more than likely void any indemnity policy.

Did the sols who acted on your the purchase know your intentions? If so and they didn't advise you properly there may be a claim there but if they didn't and they advised you of it's existence probably not.

Best to see a legal advisor for proper advice on how to deal with this. i'd try a firm with very experienced conveyancers or better still a commercial property lawyer who deals with development work as they will probably be more experienced in this area than a day to day conveyancer.

Good luck!

[Golden Shred]

Oh dear me what a lot of words.It is not complicated in the least. The covenant (contract) was between the 1964 owner and the person who has died only. You were not party to that contract and nothing of it is binding on you in any way at all. No action of any sort is required of you.

[Eve]

It depends on the covenant as it can run with the land and be binding on future owners and still be enforceable!!!

it may be a personal covenant , granted, but the right legal advice is required in order to establish this.

[Golden Shred]

Not if linnett's description is entirely accurate.

[Eve]

I do see where you're coming from Golden Shred, I really do and hope it is accurate as should be ok :)

I'm probably jaded from years of doing this in practice and finding out things aren't what they seemed to be ;)

[flyciderman]

Is not the point that "There is a covenent on the land" Linnett makes no mention of it being linked to the life time of the seller. As part of my job I deal with similar matters to this and it is complicated. Please see a solicitor