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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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I have discovered a restrictive covenant on my deeds date 1901

Customer Question

I have discovered a restrictive covenant on my deeds date 1901 stating that 'no building shall be placed thereon' south of a dotted line that appears on the plan - is this still enforceable after all this time? Is there anything I can do about it?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Where a building has been built contrary to a restrictive covenant, then the enforcement of the restrictive covenant is deemed to be waived after 20 years have elapsed, but only in relation to that building which has been built. The restrictive covenant can still be enforced against any new buildings erected contrary to it. So here, the holder of the restrictive covenant can enforce it against any new building occurring, even though it is dated 1901. However, it is deemed to have been waived as regards ***** ***** buildings which have been there 20 years or more. Accordingly, if you now wish to erect a building, you should seek out whoever owns the benefit of the restrictive covenant because you will need their permission if you wish to erect a building contrary to it. However, it will not affect your existing buildings.
Expert:  Buachaill replied 2 years ago.
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