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Category: Republic of Ireland Law
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I live on an estate with 9 unit holders bound by a common

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Hi - I live on an estate with 9 unit holders bound by a common set of property deeds. One of my neighbours wants to remove a restrictive covenant that would then let him sell part of his garden for house building, which would have a detrimental impact on our estate. He says this can be done by a Deed of Variation which he says requires just a majority vote. I would have thought, as per a Deed of Variation for a Will, that all parties would need to agree, otherwise any majority of 5 unit holders could get together and change an aspect of the Deeds that is not in the interest of the other four. Can you advise?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: ? I have not taken any steps. The proponent of the change has called an EGM, where he wants a vote, without working through a lawyer, not has the management company requested any legal advice
JA: Where is the house located?
Customer: republic of Ireland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: This is the bare bones of it. I am trying to establish if a deed of variation to property deeds requires the agreement of all parties. From what I have read, this appears to be the case - in the UK I understand that if there are more than 8 unit holders and no more than 10% disagree, then it may be possible to proceed by applying for the variation through a first-tier tribunal, but I don’t know what the law is in Ireland

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Customer: replied 16 days ago.
I’m OK to continue to wait. Thank you
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Customer: replied 14 days ago.
Please continue to find a solicitor who can assist, thank you

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

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Customer: replied 13 days ago.
Thank you Martin - I’m hoping you have what you need - if you want the wording of the clause my neighbour wishes to remove I can provide it - but the essential question is whether a unit holder can remove any restrictive clause with just a majority of support rather than unanimity.
Customer: replied 13 days ago.
Could we agree a time to speak tomorrow morning?

To do this, he'll need to apply to remove the restrictive covenant. An application to remove or modify the restrictive covenant can take between 18 and 24 months to go through. You the parties controlling the covenant can still enforce the ruling. At worst case you may be entitled to compensation. At best ensure that the deed of variation is opposed by your solicitor. 

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Customer: replied 12 days ago.
Thank you Martin
My real question is does the Deed of Variation require unanimous sign-up/agreement? There are 9 leaseholders bound by the common set of Deeds in total. A simple majority should not be able to change the deed, surely?

Yes, indeed. A deed of variation will need to be drawn up and signed by all. To make changes to the deed, all must agree to the changes.

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