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Enforcement of Covenants

Covenants are written conditions or obligations which relate to the sale or freehold of a property, or the granting of a Lease. They can be restrictive, such as limiting the use of a particular piece of land or property. Alternatively, they can be positive, imposing an obligation to put up a fence or build a house to a certain value.

There are two types of restrictive and positive covenants:

  • Those that may only concern the parties to a particular Deed
  • Those intended to "run with the land”. That is to say they bind successive owners of the property

Common difficulties I encounter:

  • Enforcement of conditions preventing you from working from home
  • Conversion, alteration or splitting of a property. In these situations the owner of the leasehold property is required to seek permission from the landlord.
  • Unreasonable demand. You may have received a request for a disproportionately large sum of money in exchange for consent to building works or the conversion of a property
  • Breach. This arises when your neighbour, who you believe is subject to the same covenants, breaches those in a way that affects you using and enjoying your own property.

How I can help you?

I first have to obtain and examine the Title Deeds of the property concerned. I will then assist you in attempting to resolve the dispute by negotiation. However if that is not possible I will guide you through the appropriate legal process.

The Leasehold Valuation Tribunal is the body that will determine the amount payable by the tenant. It may also be possible to apply to the Tribunal to discharge or modify the terms of a restrictive covenant where the property, or the neighbourhood has change and there is no obvious reason for the continuation of a restriction.

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