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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Hello, How can I have a covenant recinded. I am the owner

Resolved Question:

Hello,
How can I have a covenant recinded. I am the owner of a property which has a resrictive covenant in place for the benefit of a neighbour. It was agreed I think some 30 years ago and certainly not by the last owner of each property. Is it not therefore less binding? I'd be happy to pay for a search to be performed and to have the covenant removed if possible.
Thank you
Matt
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to assist you but I need some further information first
What is the nature of the Covenant?
Clare
Customer: replied 3 years ago.

Hello Clare.

Thank you for the reply. I don't have the details of the covenant, and that's one of the things I need to get help with -ie retrieving it.

I had a copy when I bought the house in 2008 but have somehow mislaid it. I remember a few of the details though. It is a restrictive covenant on my house for the benefit of the neighbours detached house. My house was built in the 1960 on a piece of land originally part of the neighbour's property which was sold for this purpose at the time. A covenant was put in place then I believe. From memory it includes things like: my house can only have single family occupancy, there can't be any washing outside, there can't be any business activity there, the garage can't be converted into further living space, my house does not have right to light via the neighbours etc. I guess most people wouldn't mind too much about most of this but my neighbours are a peculiar bunch whove taken me to task about everything and quoted the covenant at every stage.

I have been led to believe these restrictive covenants are given less credence now and in my case more so as it was agreed by the previous owners of the neighbours and my property (probably 2 owners ago i think in both cases).

So, i'd be very grateful if you could:


- let me know how best to retrieve th covenant details.

- advise whether it can be lifted if thats the right term

- if so, then how best to go about it

- if not then will it pose much of a problem for planning or sale now

Many thanks Clare,

Best wishes

Matt
Expert:  Clare replied 3 years ago.
Hi
You should be able to get a copy of the Covenant from the Land Registry
http://www.landregistry.gov.uk/public/property-ownership
as it should be recited on the Title deeds
I am afraid that it i snot easy to have Covenants lifted - especially given that comparatively speaking this is not "Old" in so far as it has only been in place for 50 years or so
Unless the neighbours agree to release your property from the Covenant then it will stand I am afraid - although whether or not they would bother to take court action to actually enforce the covenant is less certain.
None of the matters you list are particularly onerous so they are unlikely to effect any sale.
I hope that this is of assistance - please ask if you need further details
Clare
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