2007-01-12 21:29:48 · 6 answers · asked by carolkeyuk 1 in Politics & Government ➔ Law & Ethics
Depends what the covenant is and how long it's been there. If it's a building covenant they normally run out after 10 years.
If it's another kind you can challenge it with the council. They dont like to fight them now as it costs them money.
Show it to a land solicitor, The'll find a way around it. There never water tight.
2007-01-12 21:39:21 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Hi Carol, There are three main ways to do this.
1. By unity of seisin. If both plots of land come into common ownership, the covenant cannot be enforced.
2. By release. The covenantee can release the covenantor by deed or release may be implied from the facts. Eg breaches of covenant have been ignored or changes to the character of the neighbourhood has changed in such a way as to make the covenant worthless.
3. By the Lands Tribunal. Sect 84 (1) of the Law of Property Act 1925 empowers the land tribunal to modify or discharge covenants in certain circumstances. e.g obsolescence.
Consult a solicitor to see if your circumstances apply.
Hope this helps
Good luck
2007-01-13 04:12:09 · answer #2 · answered by LYN W 5 · 0⤊ 0⤋
There are two particular types of "covenant" imposed on land.
The first asises in relspect of land held under a long lease (99 years plus) .This can only be removed with the consent of the landlord.
The second type of restriction dervives from the land itself - i.e. fishing right etc.......these are extremenly difficult to remove and you should take specific legal advise if that is the case!
2007-01-13 01:29:24 · answer #3 · answered by Martin 2 · 0⤊ 0⤋
It really depends on what the covenant is, what the terms are, how long it's been there, etc. It might be possible to get the other party to agree, or I think you can apply to the Lands Tribunal. Your first step should definitely be to speak to a solicitor and get advice.
2007-01-12 23:11:12 · answer #4 · answered by Phil 4 · 0⤊ 0⤋
You don't....once some lawyer has put them there they are there to stay - even when they are meaningless.
I had a house once that was built in the grounds of a manor house. The owner of the manor house put a thousand and one covenants in the deeds to 'protect the manor house' and these remained even after the manor house had been demolished.
2007-01-12 21:47:07 · answer #5 · answered by Anonymous · 0⤊ 3⤋
Get legal advice from a Bar Association member.
.
2007-01-12 21:44:49 · answer #6 · answered by Jimmy Dean 3 · 0⤊ 1⤋