When you purchase a building/house/land, it is critical that you are aware if there are any restrictions on the use of it. If you find that there are restrictions, our team of experts can help you negotiate a release or make amendments to the agreement.
If the words that stop the property or land from being used in a particular way are removed or varied by the Tribunal then occasionally there may be financial compensation that may need to be paid to the person who has the benefit of the restriction over their land or property.
We can assist you in conducting the application to a Court and will advise you on the best way to approach it. If you would like to speak with our expert solicitors, please call us on 0808 231 6369 or contact us online.
A restrictive covenant is an agreement that imposes a restriction on the use of the land, for example, prohibiting an owner from building an extension, building further properties or changing the appearance of the property.
This can usually be found on the ‘Title Register’ which is held at the land registry. The covenants are sometimes passed down with the land, which can mean that when the land is sold it will apply to the new owner.
Contact us by calling our free 24/7 number or leaving your details on our contact us page. A member of our team will assess your situation and pass it to lawyer.
After assessing your situation, a solicitor will give you initial advise as to the best step to take. They will inform you of the correct steps and the time-scales.
Once the strategy has been accepted, our solicitors will work very hard to make sure they update or remove the restrictive covenant on your land.
From the beginning we will explain the various funding options available to you. Our solicitors will also keep you up to date and make sure you have clarity of all costs and expenses.
We understand the investment you are making and have the best solicitors in hand to help you. Our solicitors have been independently recognised by Legal 500 and Chambers & Partners due to their high quality work.
We can also assess whether or not the words used in the legal restriction actually impact on the current owner. We will provide you with a strategic plan and assist with the negotiations and applications.
This information will usually be recorded on your office copy entries for the premises in question. Your conveyancing Solicitor may have provided these to you when you purchased your premises.
However, if you cannot locate these, you can download an up to date version for a nominal fee from HM Land Registry. If you are having issues downloading the documents, their support line is 0300 006 0411.
This will depend on a number of factors. Invariably, a Tribunal will look at evidence of what loss will be suffered if a covenant is varied or removed.
For instance, a valuer may assess that the partial loss of scenery may result in a reduction in the value of the house by 2%. Therefore, a Tribunal may award compensation at 2% of the value of the premises that is suffering the partial loss of the scenic view.
The rules provide that the party who is asking for the covenant to be updated or removed will not normally receive a costs order ordering the objector to pay costs unless the objector has acted unreasonably.
The rules do contain an exception to this where the objector’s entitlement is challenged, whoever is victorious in this challenge will usually be awarded their costs incurred in relation to the challenge.
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