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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3655
Experience:  Two years conveyancing experience.
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I own a pierce of freehold land I now have outline

Resolved Question:

I own a pierce of freehold land for which I now have outline planning permission to build a bungalow. There is a restrictive covenant placed on by the previous owners ( a local building firm who have gone into administration).
Can I either take out indemnity insurance or can I apply to have this covenant removed as I own the freehold?
Submitted: 1 year ago.
Category: Property Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
What land benefits from the covenant? Is it the neighbouring land?
Can you give me the wording?
To be honest with you as long as you have not alerted the party that can enforce the covenant, an indemnity policy is the quickest way to give piece of mind. Normally it is just a one off payment of a couple of hundred pounds.
I look forward to hearing from you>
Kind regards
AJ
Alex J. and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
My house and land cover one and a half acres of a 10 acre plot which was bought by a firm of builders in 1992. They rebuilt my house and the stone barn next to it, and also two other new houses were built then.The covenant is in the name of Turney Wylde who are now in administration and likely to be would up.
The deeds and covenant refer anything "adversely affecting the amenity of any adjoining policy" but the plot of land is about 100 meteres from the nearest house and behind a tall beech hedge.
Who would you recommend to ask about taking out an indemnity policy?
Customer: replied 1 year ago.
Reading the deeds again on the matter of the covenant it says " Such consent (to a new building) should not be unreasonably withheld adversely affect the amenity of any adjoining site or detract from the good appearance where in the opinion of the transferor adversely affect the amenity of any adjoining site or detract from the good appearance of the Transferor's estate ..or where the transferee has obtained any consent or approval required by statute (which I have done) Not to use the ... for any other purpose than as a private residence for one family only" (which in my case is the intention)

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