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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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We have a restrictive covenant on our property saying that

Resolved Question:

We have a restrictive covenant on our property saying that we cannot run a business from this property. We have running a wedding business here for the last five years and were completely unaware of this covenant. What shall we do now that we are aware of it and how can we remove it?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

I am guessing that this is a business which is not obvious to anyone outside the property. I also assume that there have been no complaints. If I am right then why not just carry on? Trying to remove the RC may just lead to trouble and draw attention to you being in breach. Also are you sure you are really running a business from your property and not just doing some support and admin etc work there. There are millions of people -including lawyers- in your position.

LondonlawyerJ :

Technically you may well be in breach of the RC but if no one is complaining and trying to enforce against you does it matter? The RC is for the benefit of one or more of yor neighbours and if they do not mind then there is no problem. Even if they did object the only way to enforce is to try to get an injunction which they would not get and to seek compensation but if they have suffered no harm then they will get no compensation. In short yo can probably carry on running your business from your home and not worry about it.

Customer:

Thanks so much - problem solved and I much appreciate it.

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