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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4638
Experience:  English solicitor with over 12 years experience
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I am trying to clarify the meaning of an item in 4th

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I am trying to clarify the meaning of an item in 4th Schedule of the Transfer Deeds. A private estate of freehold houses with a resident run management company. A Restrictive covenant set out in 3rd Schedule has been breached.A complaint has been made by the covenantee. In the 4th schedule the management company must enforce or attempt to enforce the covenant'. Does this necessarily mean that the RMC must be preapred to go to a tribunal? I am a resident and director.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No. There is a reluctance by the RMC to take any action because of financial fears.
JA: Where is the freehold located?
Customer: I am not sure that understand this question.The breached covenant relates to activity in a garden.
JA: Anything else you want the lawyer to know before I connect you?
Customer: We are proposing a mediation process. Is this enforcement?

Hello,

Mediation is a process to see whether the dispute maybe resolved amicably prior to enforcement of or attempting to enforce, the restrictive covenant.

Mediation may stop the breach of the covenant without having to enforce it or attempting to enforce it.

However, if mediation is not successful, then the RMC would need to take all reasonable measure to enforce or attempt to enforce the covenant, which may include taking legal proceedings in a tribunal or court of law.

I hope this helps. Please remember to leave a positive rating so that I am credited for my response. Thank you

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