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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a public House that has a covenant on it. The covenant

Customer Question

I own a public House that has a covenant on it. The covenant was made by a compant that is now out of business and has been so so more than 15 years. The covenant states I can only have the property as a public House. Can I challenge this and what are my chances of success?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Usually a covenant can only be removed either by consent or application to the Land Tribunal. If the company is out of business then clearly they would find it hard to object. As such it would be down to the discretion of the Tribuanl.
Alex Watts : As such your chance of success is likely to be more than 50%
Alex Watts : For more information on getting it removed and the process please visit http://www.justice.gov.uk/tribunals/lands/jurisdictions/restrictive-covenants
Alex Watts : Can I clarify anything about this for you today please? Alex

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