Removing a covenant from land
Discussion
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 You can make an application under statute for variation or removal because the covenant is obsolete or confers no practical benefit on anyone.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 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 You can make an application under statute for variation or removal because the covenant is obsolete or confers no practical benefit on anyone.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.
I'll be having a meeting with a potential developer in the next week or so.
Appreciate your offer.
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