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covenant,change of company?

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  • covenant,change of company?

    if a covenant is filed on a new build property,
    then the builder who applied the covenant goes bust,
    then sets up in a different name,ie "bob the builder ltd" becomes "builder bob ltd"
    do they retain rights to enforce the covenance over the owners of the properties they have built?

  • #2
    Re: covenant,change of company?

    In general the answer would be "no" - the new company and the old company are separate legal entities.

    However, the new company might be able to show that it could enforce the covenants because it owned land that had the benefit of the covenants, if that was the case.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.