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Ask SS Legal Advisor Your Own Question
SS Legal Advisor
SS Legal Advisor, Advocate
Category: Law
Satisfied Customers: 791
Experience:  Senior Caseworker at DL Solicitors
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We live in a property (mortgaged) which has a restrictive

Customer Question

Hi, We live in a property (mortgaged) which has a restrictive covenant on it. in the covenant we can only use the property for residential use only but would like to operate a small business from home.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: There is a clause in the covenant that states " All rights hereby granted or reserved which come into operation in the future and which would apart from this sub-clause be void by reason of the Rule against Perpetuities shall be limited so that such rights respectively shall not be capable of coming into operation after twenty years from 31/12/1980" does this mean the covenants are not enforceable 20 years after the 31/12/1980?
JA: Where is the home located?
Customer: Swindon
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 7 days ago.
Category: Law
Expert:  SS Legal Advisor replied 7 days ago.

Hi there,

You will be unable to exercise this option as the covenant runs with the land itself, and not the owner. This basically means that it will be in force to whoever owns the property and this will be indefinitely - not for the 20 years you have referred to above.

If you are still adament on proceeding, you should 1) obtain permission from the local council and 2) obtain an adequate insurance policy as this is a breach of covenant

I hope this helps and please do let me know if you have any further questions.

Kind regards,

Customer: replied 7 days ago.
With regards ***** ***** covenant itself, it states that the agreement is between the company and the transferee, if that company is no longer trading can anyone actually enforce the covenant (such as the neighbours)?ThanksLiam
Expert:  SS Legal Advisor replied 7 days ago.

Hi Liam,

The covenant is generally enforceable between the original contracting parties so the transferee may still have a say so.

I would consider an application for this to be removed to the Lands Tribunal (please note the process is relatively lengthy!) -

I hope this helps and please do let me know if I can assist with anything else.

Kind regards,