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Removing a conservative covenant using part (b) of section 610 of the 1985 property

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Hi Guys,

Does anyone have any experience dealing with "Removing a conservative covenant using part (b) of section 610 of the 1985 property" ?

Breakdown of our current situation:

· The property originally was under a leasehold of a company
· The Freehold was purchased on 24/09/2012 subject to the rights reserved by the Transfer dated 10/08/2012
· The transfer document has a different company called (based in Gibraltar) registered as the transferor and the previous owner as the transferee.
· We have obtained Planning permission from the council to split the existing single dwelling into two dwellings by erecting two extensions and internal altercations
· Any work done to the exterior of the property is prohibited by restrictive covenant in the transfer
· Currently another company is claiming to have the right to the covenant and trying to extort an extensive amount of money to remove the covenant.

Questions

· If the right beneficiary is the company mentioned in the transfer document, and if they’re not active what would be the best way to try to remove the covenant ?
· As we have obtained planning permission, can we use part (b) of section 610 of the 1985 property act to remove the covenant ?
· Where can we find the right form/guide to apply to court using the above law ?
· What are the rough timelines for going through the county court process ?

Regards
Michael

Comments

  • Hoploz
    Hoploz Posts: 3,888 Forumite
    I haven't actually been through the process it I was told by my solicitor when I bought that if we wanted a covenant removed it could only be done by agreement with the beneficiary.

    I wonder how you got to this situation where someone you don't think is the beneficiary is claiming it?

    I would suggest that if it is owned by a company no longer trading then there would be no way to get their permission and therefore the covenant can't be removed .... but equally it can't be enforced.

    I don't know what section 610 of the property act says - it might be useful to quote the relevant part here?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    · Currently another company is claiming to have the right to the covenant and trying to extort an extensive amount of money to remove the covenant.
    And they've proved that they have the benefit of the covenant, have they?
This discussion has been closed.
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