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Restrictive covenant

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  • Restrictive covenant

    Hello this is my first post I have a big problem in that our house is sold subject to contract but the buyer wants to extend and in our deeds is a restrictive covenant from 1921 preventing this without written permission from the estate owner however the person named in the covenant sold the estate land and it was resold to the tenant farmers so my question is is the covenant still enforceable can anyone help?
    ps my conveyancing solicitor says it's a load of nonsense but it is detering our buyer so we are in limbo

    regards bisbee

  • #2
    So far as I understand it, the covenant is enforceable by the original party - so unless the sell from 1921 is expected to enforce anything, I think you're professional advice from your solicitor sounds on the ball.

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    • #3
      Some further developments .. it turns out the the covenant in question is registered as a schedule D (II) charge and the land to which it applies is shown on a plan from the Land Registry so it is alive and enforcable by the current land owner who was unaware of the fact until my approach it now remains for me to reach a settlement for the removal of same I will update the forum as to progress

      regards bisbee

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