Removing a covenant from land

Removing a covenant from land

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Discussion

Zyp

Original Poster:

14,701 posts

190 months

Friday 20th November 2015
quotequote all
Is it possible?
Is it expensive?

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

Cheers.

Zyp

Original Poster:

14,701 posts

190 months

Friday 20th November 2015
quotequote all
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.

Zyp

Original Poster:

14,701 posts

190 months

Friday 20th November 2015
quotequote all
Thanks.
Can you elaborate on such policy please?

Zyp

Original Poster:

14,701 posts

190 months

Friday 20th November 2015
quotequote all
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.

Zyp

Original Poster:

14,701 posts

190 months

Friday 20th November 2015
quotequote all
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 You can make an application under statute for variation or removal because the covenant is obsolete or confers no practical benefit on anyone.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.