- Joined
- 21 Nov 2016
- Messages
- 1
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- Country
Breakdown of our current situation:
· The property originally was under a leasehold of a company
· The Freehold was purchased on 24/09/2012 subject to the rights reserved by the Transfer dated 10/08/2012
· The transfer document has a different company called (based in Gibraltar) registered as the transferor and the previous owner as the transferee.
· We have obtained Planning permission from the council to split the existing single dwelling into two dwellings by erecting two extensions and internal altercations
· Any work done to the exterior of the property is prohibited by restrictive covenant in the transfer
· Currently another company is claiming to have the right to the covenant and trying to extort an extensive amount of money to remove the covenant.
Questions
· If the right beneficiary is the company mentioned in the transfer document, and if they’re not active what would be the best way to try to remove the covenant ?
· As we have obtained planning permission, can we use part (b) of section 610 of the 1985 property act to remove the covenant ?
· Where can we find the right form/guide to apply to court using the above law ?
· What are the rough timelines for going through the county court process ?
· The property originally was under a leasehold of a company
· The Freehold was purchased on 24/09/2012 subject to the rights reserved by the Transfer dated 10/08/2012
· The transfer document has a different company called (based in Gibraltar) registered as the transferor and the previous owner as the transferee.
· We have obtained Planning permission from the council to split the existing single dwelling into two dwellings by erecting two extensions and internal altercations
· Any work done to the exterior of the property is prohibited by restrictive covenant in the transfer
· Currently another company is claiming to have the right to the covenant and trying to extort an extensive amount of money to remove the covenant.
Questions
· If the right beneficiary is the company mentioned in the transfer document, and if they’re not active what would be the best way to try to remove the covenant ?
· As we have obtained planning permission, can we use part (b) of section 610 of the 1985 property act to remove the covenant ?
· Where can we find the right form/guide to apply to court using the above law ?
· What are the rough timelines for going through the county court process ?