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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I am trying to establish the beneficiary of the restrictive

Resolved Question:

I am trying to establish the beneficiary of the restrictive covenants applied to my property can you suggest the best way of going about this?
Thanks
Pete
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

What are the restrictive covenants?
Customer: replied 2 years ago.

The restricted covenant that I'm interested in relates to the erecting of a gate, fence, wall or other erection between the building line and the highway. My house has an adjoining garage with my neighbour. My neighbour has a caravan and a transit type van on his driveway which restricts access so his kids have been using my driveway instead of their own. After 1 near miss whilst reversing from my garage I want to erect a stainless steel post and rope barrier to prevent a re-occurrence, however this contradicts the covenant. Once I trace the covenant beneficiary I can approach them to see if the covenant is still enforceable

Expert:  UKSolicitorJA replied 2 years ago.
The covenant will probably be between the original landowner and the original tenant i.e. between the original parties. If your land is leasehold, the beneficiary will be the freeholder.

If your land is freehold, it is likely that your covenant is not enforceable if there is no beneficiary to enforce it.

May I help further?
Customer: replied 2 years ago.

As I understand it covenants are transferable. There was an option for Somerset county council to buy the land from the developer after 21 years (2003), if indeed this took place I assume Somerset county council are now the beneficiary of the covenant. When I approached SCC they merely advised me to check with land registry to find out who owned the land. As the land has not got a specific address I was unable to do this. Equally my deeds show that I am duty bound by the same covenants as was the original house owner. I believe I still need to track down the land owner before I can proceed further.

Expert:  UKSolicitorJA replied 2 years ago.
Yes, the land owner would be the beneficiary but if you cannot find anyone apparently who is the land owner, then it is very unlikely that anyone will challenge you about breaching the restrictive covenant.

As a last option, you may challenge the covenant under S. 84 of the Law of Property Act 1925 by making an application to the Lands Tribunal to discharge it on the ground that the beneficiary does not obtain any benefit from the restriction.

Hope is clarifies
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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