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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 280
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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We have a restrictive covenant on the leasehold saying no

Customer Question

we have a restrictive covenant on the leasehold saying no caravans vans motor homes trailer boats are to be kept on the property. If we purchased the lease would the covenants still stand. if it would is there anyway we could get round the covenant. the caravan is on our drive but will be there as a temporary craft room for a couple of years. any help would be greatly appreciated
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi Sarah

Many thanks for your question.

I will try to help you.

Do you have a pdf of the lease and title? If you do you can send them to me and I can review for you.

If not, let me know as I will assist without.

I look forward to hearing from you.

Kind regards

Paul

Expert:  propertylawyer replied 1 year ago.

Hi Sarah

I need further details to assist.

Do you have a lease? Is the property a house or flat? How long is the lease? How long have you been a tenant? Is the superior title freehold? If I have further details I can assist you further.

On the information provided you are in breach of the covenant. Regardless of the use to which you are putting the caravan keeping a caravan on the property will result in s breach.

The covenant can be enforced by the landlord. Depending on the wording of the covenant a neighbour may be able to enforce it.

You could get the person with the of the covenant to release the land from it. As it is a lease a simple deed of variation can do this.

As I said earlier, I am happy to look at title and lease if you xan attach a pdf to a message.

Expert:  propertylawyer replied 1 year ago.

Hi Sarah

Have I answered your query. Can I be of further assistance? I am happy to help you further with this if necessary.

Otherwise can I kindly request you accept / rate my assistance.

Thanks

Kind regards

Paul