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Restrictive Covenants on property

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    #21
    Originally posted by shaunbhoy View Post
    That implies to me that all and any owners of this plot (the neighbours) are bound by the restrictions, and that the protection is afforded to the adjoining plot (My Friend's house) rather than the owners of that plot per se.
    My understanding is that these covenants are principally put in place to protect the land rather than the owners. Otherwise unscrupulous developers could simply get round them all by buying the affected property for the duration of their own work, and granting their own permissions.
    See MFs comments below yours. If they have insurance then its going to cost your friend big legal fees to solve the issue.

    While you could possible win the chances are it will simply cost you a fortune and give you a pile of grief.

    I know its annoying but its probably better to grin and bear it.
    merely at clientco for the entertainment

    Comment


      #22
      Originally posted by AtW View Post
      You'll only know what exactly you got covered when you make a claim - you did not buy insurance, you just bought right to make a claim: it only becomes insurance when you get paid by them.
      What a stupid f-cking quote? It's not insurance unless you get paid out? F-ck me.
      What happens in General, stays in General.
      You know what they say about assumptions!

      Comment


        #23
        Originally posted by eek View Post
        See MFs comments below yours. If they have insurance then its going to cost your friend big legal fees to solve the issue.

        While you could possible win the chances are it will simply cost you a fortune and give you a pile of grief.

        I know its annoying but its probably better to grin and bear it.
        WHS.

        Having never heard of this insurance I phoned by brother who has done up 6 houses in the last few years & a mate who is builds houses for a living.

        Definitely was the answer. It saves all of the hassle later.

        This feels like a Suity thread.
        What happens in General, stays in General.
        You know what they say about assumptions!

        Comment


          #24
          Some good advice on here. "My friend" says thanks!!

          On balance, I doubt he will engage the services of a solicitor and will simply work round the issue.
          He may write a strongly worded letter of his own, suggesting to his neighbours that he has taken legal advice and is deliberating upon how best to enforce these covenants. Just to put the wind up them a bit really.
          Other than that, I will suggest that he just ignore them and carry on.
          “The period of the disintegration of the European Union has begun. And the first vessel to have departed is Britain”

          Comment


            #25
            Originally posted by shaunbhoy View Post
            Some good advice on here. "My friend" says thanks!!

            On balance, I doubt he will engage the services of a solicitor and will simply work round the issue.
            He may write a strongly worded letter of his own, suggesting to his neighbours that he has taken legal advice and is deliberating upon how best to enforce these covenants. Just to put the wind up them a bit really.
            Other than that, I will suggest that he just ignore them and carry on.
            RESTRICTIVE COVENANTS | DESKTOP LAWYER

            Sounds like your 'friend' could get taken to the cleaners. Hope your 'friend' has a big warchest.
            What happens in General, stays in General.
            You know what they say about assumptions!

            Comment


              #26
              Originally posted by MarillionFan View Post
              What a stupid f-cking quote? It's not insurance unless you get paid out? F-ck me.
              It's my own quote and I personally think it's a great one

              Comment


                #27
                Originally posted by MarillionFan View Post
                Sounds like your 'friend' could get taken to the cleaners. Hope your 'friend' has a big warchest.
                A restrictive covenant is a private agreement between land owners where one party will restrict the use of its land in some way for the benefit of another's land. Restrictive covenants, once agreed between the parties, are placed in the title deeds to the property. They bind the land and not the parties personally. In other words, the restrictive covenant 'runs with the land'. This means that the covenant continues even when the original parties to the covenant sell the land on to other people. Restrictive covenants also continue to have effect even though they were made many years ago and appear to be obsolete. They are enforceable by one landowner against another, provided they are restrictive or ‘negative’ in their effect and effectively allow a form of private planning control.
                If this part is true, then it is not "my friend" but his neighbours that might have need of the warchest. The covenants bind their property, not his.

                “The period of the disintegration of the European Union has begun. And the first vessel to have departed is Britain”

                Comment


                  #28
                  Might just be worth an explorative discussion with a legal bod. See if "your friend" has a case. Emphasise the point that said mate is skint.
                  Just saying like.

                  where there's chaos, there's cash !

                  I could agree with you, but then we would both be wrong!

                  Lowering the tone since 1963

                  Comment


                    #29
                    Originally posted by Arturo Bassick View Post
                    Might just be worth an explorative discussion with a legal bod. See if "your friend" has a case. Emphasise the point that said mate is skint.
                    A book written by a lawyer or judge for £30 or even £100+ is worth more than a seeing a solicitor.
                    "A people that elect corrupt politicians, imposters, thieves and traitors are not victims, but accomplices," George Orwell

                    Comment


                      #30
                      Originally posted by Paddy View Post
                      A book written by a lawyer or judge for £30 or even £100+ is worth more than a seeing a solicitor.
                      WPS

                      My friend has little time for the legal profession. He feels that if he goes down that route then the only ones guaranteed to win financially are the lawyers.

                      “The period of the disintegration of the European Union has begun. And the first vessel to have departed is Britain”

                      Comment

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