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Restritive covenant - deceased beneficiary

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  • Restritive covenant - deceased beneficiary


    im in the process of purchasing my firt property.. there is a covenant in place as follows.. is this still enforceable if the beneficiary to this is dead?

    (i) Not to erect any further buildings on the property without
    first submitting the plans and specifications thereof to the
    Vendor and obtain their consent thereto


  • #2
    Re: Restritive covenant - deceased beneficiary

    If you can prove that the "Vendor" mentioned in the covenant is dead then he can't enforce it.

    If the covenant is in document say pre 1912 then the covenantee would have to have been 21 then which would make him 120 now and I don't think anyone in the UK has lived that long yet.

    If the Vendor is a limited company and that company no longer exists then it is also unenforceable.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.