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Updating and removing restrictive covenants on your land

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 you would like to speak with our expert solicitors, please call us on 0800 437 0322 or contact us online

What is a restrictive covenant?

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 convents are passed down with the land, which means when the land is sold it will remain with the new owner.

How can Hodge Jones & Allen help you?

Applying to amend or updating a restrictive covenant can be a lengthy and complex process, therefore, it’s imperative you get the right representation. At Hodges Jones & Allen, we have a specialist team who have years of experience helping clients to change or remove wording of a legal restriction over a property or land.

We can also assess whether or not the words used in the legal restriction actually impact on the current owner.

If the words that stop the property or land from being used in a particular way are removed or varied by the Court 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 such applications.

Why should you choose Hodge Jones & Allen?

  • We are price competitive
  • Independently ranked by Chambers & Partners and Legal 500 for our work in housing
  • Our solicitors are all specialists in this area
  • We will provide you with a strategic plan and assist with the negotiations and applications

Q. How can I check if my premises has a restrictive covenant recorded against it?

A. 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.

Q. How much compensation am I likely to pay/receive?

A. 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.

Q. Does the Tribunal have power to award legal costs in relation to the application to update/remove the covenant?

A. 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.

To speak with one of our specialist property disputes solicitors please call 0800 437 0322 or request a call back online.

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