Removing a conservative covenant using part (b) of section 610 of the 1985 property

[Micheal_Mistry]

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 ?

 

[Stingray13]

Approach Lloyds of London see if you can get an insurance policy to cover the possible enforcement would be on suggestion

 

[Nakajo]

Wouldn't you want to speak to a property lawyer?

 

[roganty]

Deja vu? //www.diynot.com/diy/threads/restrictive-covenants-residential-development.471364/

 

[Seafarer1966]

I came across a similar situation in the past where there was a restrictive covenant preventing owners of houses (built in the 1960s) from parking caravans at the front of their dwellings. Everyone ignored it and those who chose to parked their caravans on their front drives. One old boy kicked off about it but the council deemed it to be a civil matter and wouldn't get involved from a planning enforcement point of view. There was no comeback and no legal hassles. Also bearing in mind that a caravan is a mobile structure that can be removed when trying to sell a house.

In your case you have the planning permission in place so the council will not be enforcing against you. This is a civil legal matter between you and the management company. You could risk it and go ahead but if and when you sold up the question is would it create a world of bother for you.

Management companies are bar stewards who have a licence to print their own money in my opinion. I rate them next to double glazing salespeople, Jehovahs Witnesses and serial killers.

 

[Seafarer1966]

Sorry I meant to add. The Law Society has regional organisations. They may be able to recommend a suitably experienced lawyer who is local to you. This is specialist stuff.

 

[chappers]

Trying to remove a covenant in favour of an unknown party can be time consuming and costly with no guarantee of success.
Firstly I would go back to the company who are claiming the covenant is in favour of them and ask for proof.
Who does the transfer say the covenant is in favour of, it isn't necessarily the owner of the freehold.