Hello my name is ***** ***** 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. There is no need to wait here, you will get an email when I reply.
Who is the beneficiary of the covenant please?
Not sure I just noticed it stated on the land registry document on my mortgage application.
Ok - you need to check who is the beneficiary
Only the beneficiary can take action
How do I do that?
Unless you are named, or it says neighbour, you can't
You need to get a copy of their deeds
You can get this online:
Once you know who the beneficiary is, they can take action to enforce it
Can I clarify anything for you about this today please?
Who is this likely to be ? The council? What if is says the neighbouring estates owners who are a housing association?
I can't say it could be any one of those
Unless you see what it says in the deeds you can't guess
But download a copy, I think it is less than £10
Can I clarify anything for you?
When I go on the website link provided by you earlier , what exactly am I looking for ?
Search with address link at bottom
Then fill in the information and download the deeds
Does that help?
I think so , I will give it a try , thanks.
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Can I enter my address as I am not 100% sure of their door number
Well I dont think so because you might get the wrong deeds
Okay, I thought so . IF it says the homeowner is the beneficiary what then?
Then only the homeowner can take action
Or the person named
No-one else can
Otherwise only option is to complain to the Council - they may or may not be able to do anything
Does that clarify?
It is a little confusing, in that what is the point of attaching a covenant to the property if the people to enforce it are the one's that don't adhere to it anyway, seems a bit of a nonsense - Thanks for the info' links anyway.
Only the beneficiary can enforce it, it is a contractual term in effect.
I am sorry its not better news
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