Removing a covenant from land

[Zyp]

Is it possible?
Is it expensive?

Anyone with experience as to how long and drawn out it could be?

Cheers.

[anonymous-user]

It depends if the person who holds the covenant wants it removed or not.

[Zyp]

Good point.
It was added to the land back in 1961, and I suspect the person in question are no longer with us.
Certainly, they or the family haven't lived in the vicinity of the land for many many years.

[anonymous-user]

In which case it may be easier to to get an insurance policy to cover it.
Do this before trying to contact the family that hold the covenant.

[Zyp]

Thanks.
Can you elaborate on such policy please?

[TooLateForAName]

depends on the nature of the covenant but you can buy specialist insurance against the covenant being enforced.

If the covenant is no fences over 3ft, then the insurance might pay for the replacement of the 6ft wall you build.

[anonymous-user]

Zyp said:

Thanks.
Can you elaborate on such policy please?

http://www.stride.co.uk/property-insurance/restrictive-covenant-insurance/


I can't vouch for these people but they are regulated and the website provides a decent summary.

[anonymous-user]

I suppose it will hinge on whether the covenant is only in favour of the original owners or if it passed down to their successors.

It would be an unusual farmer who didn't now about rights he holds over land!

[Zyp]

The farmer is in his late 80's now and as I say, bought the land in 1961.
I think he'd even forgotten he had this little bit!

I can forgive him if he'd forgotten about this particular covenant after 50 years, I'm a bit pissed off my solicitor missed it though.

[Billsnemesis]

There are several ways of attacking covenants.

I have seen some removed because they were not properly registered in the first place. Others can be challenged on the basis that they are simply not enforceable. You can make an application under statute for variation or removal because the covenant is obsolete or confers no practical benefit on anyone. Insurance should only be considered when you are sure that there is no way of removing the covenant or it is easily available and relatively cheap.

A full answer to the specific covenant would require detailed consideration of the actual wording and an investigation into the background to a level that cannot be done on a public forum but I deal with this professionally so I can give you a quote to look into it.

[Zyp]

Billsnemesis said:

There are several ways of attacking covenants.

I have seen some removed because they were not properly registered in the first place. Others can be challenged on the basis that they are simply not enforceable. You can make an application under statute for variation or removal because the covenant is obsolete or confers no practical benefit on anyone. Insurance should only be considered when you are sure that there is no way of removing the covenant or it is easily available and relatively cheap.

A full answer to the specific covenant would require detailed consideration of the actual wording and an investigation into the background to a level that cannot be done on a public forum but I deal with this professionally so I can give you a quote to look into it.

Thanks.
I'll be having a meeting with a potential developer in the next week or so.
Appreciate your offer.