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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.
are you able to kindly clarify what you mean when you refer to a gym group placing a block on use of a particular site please? Do you refer here to planning use or some form of restrictive covenant or something entirely different?
Thank you. So your understanding is that another Gym business has the benefit of a restrictive covenant over the land? do their own adjoining land?
Thank you. it is difficult to comment in detail without sight of the relevant agreements or deeds to the property, however if a party has the benefit of a restrictive covenant on the land, it is possible though not certain that the covenant may still be enforceable. Covenants can fail if they are not drafted properly and it is not unusual to see unenforceable restrictive covenants on land. If the restrictive covenant was entered into personally by the current owner of the land that it is more likely to be directly enforceable by the original parties than if the land has since changed ownership.
If you are yet to lease the land, then of course irrespective of the enforceability of the covenant or not, the owner of the land can choose whether to lease the land to and if they are of the opinion, right or wrong the land subject to restrictive covenant, then they are entitled to refuse to lease the land to you on the basis that it is their land to lease on such terms as it thinks fit.
if however they are keen in principle to lease the land to you but are concerned about the applicability of the restrictive covenant, if there is any doubt as regards ***** ***** it may be worth them having a lawyer look at the same in order to ascertain whether the covenant is capable of enforcement or not
thank you. As the land is been sold from what you say since the original owner agreed a restrictive covenant, it is possible that restrictive covenant no longer is enforceable against the new owner depending upon how it was worded and if it was registered against the title. as above, it may be worth the current owner asking a solicitor to look over and enforceability of the restrictive covenant if they are otherwise keen to rent the premises to you
Thank you. If they have not sought advice as to the enforceability of the restrictive covenant, that would be my recommendation as it is not at all uncommon such restrictive covenants to become unenforceable against successive owners.
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