Restrictive Covenants Restrictive Covenants
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  1. #1

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    Default Restrictive Covenants

    I need to ask this on a property law forum but CBA to find one and register at the moment so testing the water here instead.

    Bottom line is how enforceable are restrictive covenants put in the deeds of a property by a developer that has gone bust?

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    Quote Originally Posted by Big Blue Plymouth View Post
    I need to ask this on a property law forum but CBA to find one and register at the moment so testing the water here instead.

    Bottom line is how enforceable are restrictive covenants put in the deeds of a property by a developer that has gone bust?
    So it's not necessarily the bust builder who can raise objections, it's your neighbours or whoever took over from that builder (if anyone did).

    If they've gone bust, take out indemnity insurance

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    Other people can enforce them.

    What sort of restrictive covenant is it?

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    Have you asked your accountant?

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    I think NLyUK is an expert on restrictive covens.

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    google gives me Conquering restrictive Covenants | Harrison Drury as a first post.

    Hint they can still be relevant but may not be legal in the first place. Find your deeds and find a lawyer...
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  7. #7

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    Quote Originally Posted by BrilloPad View Post
    Other people can enforce them.

    What sort of restrictive covenant is it?
    No vans or commercial vehicles. Was thinking of getting a pick up. Not even sure it qualifies as a van so may not be an issue.

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    Quote Originally Posted by Big Blue Plymouth View Post
    I need to ask this on a property law forum but CBA to find one and register at the moment so testing the water here instead.

    Bottom line is how enforceable are restrictive covenants put in the deeds of a property by a developer that has gone bust?
    If a covenant is on the deeds, there's fairly close to nothing you can do about it. I'm guessing this is about "change of use" of some sort?
    His heart is in the right place - shame we can't say the same about his brain...

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    Quote Originally Posted by MarillionFan View Post
    So it's not necessarily the bust builder who can raise objections, it's your neighbours or whoever took over from that builder (if anyone did).

    If they've gone bust, take out indemnity insurance

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    Yes, the neighbours. One of whom is a tub thumping, interfering old bint so if there's something to complain about, she'll complain.

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    Quote Originally Posted by Big Blue Plymouth View Post
    No vans or commercial vehicles. Was thinking of getting a pick up. Not even sure it qualifies as a van so may not be an issue.
    That's there really to stop white van men, box vans, taxis and the like. Means there will be less issue with burglary and issues with insurance of business stuff. You normal pickup family vehicle should be OK.
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