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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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there is a piece of land near me that has a restrictive covenant

Customer Question

there is a piece of land near me that has a restrictive covenant on it of which i am a beneficioury.The terms of the covenant are that no building should be erected on it and it is for my recreational use.
a developer wants to build on the land.

if he gets permission i will apply for injunctive relief to temporarily stop him going further.

i will then defend my covenant in law.

my question.

if he won and was awarded costs and damages. what would happen to me if i couldnt pay the damages and costs?

could i be sent to prison?

could he make me sell my house?

i am a pensioner and my only income is a state pension.
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Whilst in theory you could have to sell your house and declare bankruptcy if the very very worst happened in litigation over the covenant, you are better off simply purchase legal costs insurance in advance of the litigation whereby the insurerosts will pay all legal costs awarded against you if you loose. In this way, you can seek to enforce the restrictive covenant but you will be protected against teh worst happening if the litigation goes very badly against you. This is the method whereby you handle the risk of loss should you loose the litigation. Legal costs insurance simply insures against the risk of legal costs being awarded against you if you loose an application for injunctive relief on the covenant and an award of costs is made against you personally. In this way you insulate your house and any assets you have against the risk of loss of the legal action. Finally, there is no risk of you being sent to prison merely because you owe legal costs.

Customer:

insurerosts can you tell me what this means

Customer:

would i be protecting my house by signing it over to my wife

Customer:

can you give me some idea where i could get the insurance and thanks for your answer

Customer:

dear Buachaill thanks for your excellent answer. i can do you a little favour. 'lose' not loose . loose is the opposite to tight

Buachaill :

2. I am sorry the "insurerosts" should just read "insurer will pay all legal costs awarded against you". Sorry for this typing error. Secondly, whilst you can protect your house by signing it over to your wife, this is going to extreme lengths to protect it. Thirdly, you should speak with any Lloyd's of London insurance broker for they will be able to arrange cover for legal costs insurance. This is a much used product and is generally available. Finally, thanks for correcting my English. I appreciate I need to lose the use of loose!

Customer:

thanks and god bless. what do u do about paying you the 31 pounds

Customer:

can you suggest a less extreme method of protecting my house than signing it over to my wife

Customer:

should be what do I do about the money fee

Buachaill and other Law Specialists are ready to help you
Expert:  Buachaill replied 3 years ago.
3. Dear Colin, You could place the house in a trust for yourself your wife and children. However, this again is overkill. You are better off confine the risk where it lies. Finally, you have now paid me, so Thanks very much.
Customer: replied 3 years ago.


thanks very much. i tired to get the insurance cover that you suggetsed and the the only thing they could come up with is something called ATE


the premiums are massive and well beyond my means


 


thanks again colin

Expert:  Buachaill replied 3 years ago.
4. Dear Colin, Legal costs insurance is a form of ATE insurance. Here is a link to the Allianz website where they explain what is involved and you can get a quote off them http://www.allianzlegalprotection.co.uk/home/customers/what-is-legal-expenses.html
Another group who does this form of insurance is DAS who are at www.das.co.uk.
Be sure you get a quote for the correct eventuality as premia vary massively depending on the event you are insuring. Be aware that it is well worthwile removing the risk involved even if it is expensive.
Customer: replied 3 years ago.


dear Buachaill


 


how many questions am i allowed i think i have used up my £31


 


just one more


 


what would i have to do to make my wife sole owners of our house.


 


the deeds are with our mortgage provider


i havent a clue as what to do


 


col


 


 

Expert:  Buachaill replied 3 years ago.
5. Dear Colin, Essentially if you want to put your house in your wife's name, you would normally employ a solicitor to do the conveyancing. Request your title deeds from your mortgage provider and get a solicitor to do the conveyancing of the transfer of the house from yourself to your wife.
Customer: replied 3 years ago.


Dear Buachaill


i was wondering could i employ you on a professional basis to help me with my case.


i intend to defend my covenant myself but i may need advice on the way.


obviously i would pay your proffessional rate for any work you do.


 


for example could you do the conveyancing on transfering my bungalow to my wife? if so, would you beable to give some guidance as to the cost.


 


i would pay you upfront before you do the work or i could pay you immediatly afterwards, whatever suits you.


 


thanks


 


col

Expert:  Buachaill replied 3 years ago.
6. Sorry Colin, I will decline as I don't live in the UK.
Customer: replied 3 years ago.

thanks any way


 

Expert:  Buachaill replied 3 years ago.
You are welcome