We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Removing a conservative covenant using part (b) of section 610 of the 1985 property
Options
Michael_Mistry
Posts: 1 Newbie
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
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
0
Comments
-
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?0 -
And they've proved that they have the benefit of the covenant, have they?Michael_Mistry wrote: »· 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.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244K Work, Benefits & Business
- 598.9K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards