Restrictive Covenants Disputes

Restrictive covenants have a prohibitive effect on carrying out certain activities – including in some cases, possible redevelopment of a property or piece of land.

A restrictive covenant can also affect boundaries with neighbours – and also any works which rental tenants might wish to carry out to a property.

A restrictive covenant is individual to a property or piece of land – and planning permission is separate from the covenant.

Restrictive covenants are usually intended to prevent unsympathetic redevelopment of a property or piece of land – and any restrictive covenants relating to a property will be set out in the property’s deeds.

It is a conveyancer’s job to flag up any issues with property or land to a buyer, which the buyer needs to be aware of.

Breach of a restrictive covenant will require legal advice from a specialist property solicitor – for example, if you have extended a property without being aware there was a restrictive covenant prohibiting this, you may be required to demolish the structure.

The job of a property solicitor dealing with restrictive covenants involves examining the deeds of a property to look for evidence that the deeds were not drawn up correctly – or that the restrictive covenant does not apply or is illegal.

It may also be possible for a property solicitor or conveyancing solicitor to seek retrospective planning permission for the development from whoever imposed the covenant (eg a landowner or the original developer of a property).

LAWTEC Solicitos can advise on restrictive covenant disputes under the Law of Property Act 1925.

Cases involving restrictive covenants usually involve proving that the covenant continues to provide some benefit to the property or land – or no longer provides any benefit if a client is challenging a restrictive covenant.

In restrictive covenant disputes, it is important to contact LAWTEC Solicitors as soon as possible before the dispute escalates, so that swift action can be taken to protect a client’s interest and property.

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