Do building company's restrictions still stand if they have gone bust

keystone

Yes it stands. Its in your deeds and it survives the person who put it there. Restrictive covenants can therefore be a PITA. Whether it was the council that required it to be put in place or not is irrelevant because the council cannot easily remove it. Only the person that out it there can practically remove it. It can be removed when the other party is no longer around but its a long drawn out and protracted process and frankly not worth the effort.

Simplistically you have two choices:

1. Ignore it and do what you want but that might run you into problems with your mortgage provider who will be aware of its existence and you might just get dobbed in (to whom though is a good question) by a neighbour who objects because he has the same covenant.

2. Wait another 4 years.

Cheers

27col

I've wondered about the enforcement of covenants in the past. Just who would have the legal authority to enforce a covenant, especially if the builder has gone bust. If anyone out there has the knowledge to answer this question, I am sure there are many who would be interested.

Yorkie1

27col wrote: »

I've wondered about the enforcement of covenants in the past. Just who would have the legal authority to enforce a covenant, especially if the builder has gone bust. If anyone out there has the knowledge to answer this question, I am sure there are many who would be interested.

It will depend on the precise wording of the covenant.