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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Question . My land has a covenant "The

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Question for Buachaill. My land has a covenant "The purchasers for themselves their heir executors administrators and assigns hereby jointly and severally covenant with the vendors their heirs executors administrators and assigns that they the purchasers
and the persons deriving title under them will observe and perform the covenants and conditions hereinafter contained that is to say:- 1.That no building shall be erected on any part of the said land unless the plans elevations and sections of the same shall
have been first submitted to approved of and signed by the vendors." The vendors are two deceased persons. I say that because of death it is impossible to comply with the covenant. However I am being told that I must find the heirs of the vendors. I will be
getting title insurance but it will cost less if my interpretation is the correct one. Is it please?
Submitted: 1 year ago.
Category: Property Law
Expert:  wingrovebuyer replied 1 year ago.
Hello. I'm sorry to say that on balance I think you are wrong. The covenant may refer to the consent of the "vendors" but it begins by stating that the covenant is given for the benefit of the vendors and their executors, heirs and assigns. I think this means you would need the consent of the original vendors' successors. Sorry that's not what you wanted to hear. Best, WB
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