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RJM Law, Lawyer
Category: Law
Satisfied Customers: 3765
Experience:  LL.B (Hons)
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As part of our deeds we have a restrictive covenant in

Customer Question

As part of our deeds we have a restrictive covenant in respect to a management company for the maintenance of the hedgerow within our freehold boundary. The residents have now become the Directors of the management company and responsible for the decisions on the hedge maintenance. Are we able to dissolve the management company and get this restriction removed from our TP1
JA: Where are you? It matters because laws vary by location.
Customer: Newton Abbot UK
JA: What steps have you taken so far?
Customer: one resident believes we can just fill in an RX4 / RX3 with the land registry
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There are 10 properties under the management company
Submitted: 8 days ago.
Category: Law
Expert:  RJM Law replied 8 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 8 days ago.
Thank you
Customer: replied 8 days ago.
sorry not looking for a call at this moment
Expert:  RJM Law replied 7 days ago.

Thank you for the question.  If the neighbours are not acting appropriately in relation to being directors they could be in breach of duties under the companies act.  However that would require to be determined.   Secondly, you can look at having the restrictive covenant removed, if you can show it is no longer applicable (or should be).  You would require to raise a court action to do this, and I would advise using a conveyancing solicitor to do so.  However the simple answer to your question is that you could have the covenant removed so it is not longer applicable.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland) (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.