Restrictive covenants and indemnity

Dan-Dan

OK , perhaps i worded it wrongly , in conveyancing , i wouldnt have thought you could buy an indemnity to specifically cover breaching restrictive covenants then set about breaking one (that you obviously knew about)

Pretty easy win at small claims i would have thought for the neighbour

davidmcn

Dan-Dan wrote: »

OK , perhaps i worded it wrongly , in conveyancing , i wouldnt have thought you could buy an indemnity to specifically cover breaching restrictive covenants then set about breaking one (that you obviously knew about)

You can, if the risk is small enough to make it worth everybody's while - e.g. if it were an older covenant and/or enforceable by someone who is no longer on the scene. But here I think too much of a gamble for the underwriters to want to be involved.

TBagpuss

dc197 wrote: »

Indemnity policies usually cover historic breaches against future claims. What you plan is to try to indemnify yourself against being discovered in what you plan to do. I dont know whether anyone would issue such a policy.

Yes, most normal indemnities cover the situation wehre your seller has breached something and protect you against the risk of enforcement action. For instance, the people who previously owned my hosue built a garage without getting permission from the local council (breach of covenant) or building regs.

The indemnity policy is very clear - it would not cover anything I might do that would breach the covenent

Dan-Dan

TBagpuss wrote: »

The indemnity policy is very clear - it would not cover anything I might do that would breach the covenent

This is how i wanted to word it!