Even if I buy the leasehold it won't affect the restrictive covenants?

MissTasmanian

Obviously, I heard that second hand so I can't be sure.

What I should have asked from the get go was: Is there any way to remove covenants from the land? Or is it impossible?

NeilCr

MissTasmanian wrote: »

Obviously, I heard that second hand so I can't be sure.

What I should have asked from the get go was: Is there any way to remove covenants from the land? Or is it impossible?

Does this help?

http://blog.landregistry.gov.uk/release-restrictive-covenants/

davidmcn

MissTasmanian wrote: »

Obviously, I heard that second hand so I can't be sure.

What I should have asked from the get go was: Is there any way to remove covenants from the land? Or is it impossible?

Rather than take second hand advice or listen to people here (who, on the whole, are going to be clueless about N Irish land law, but someone knowledgeable might be along in a minute), you'd be best to rely on your solicitor's advice about (a) who has the title to enforce the covenants, and (b) whether they're actually entitled to if objectively you're not doing anything which adversely affects them.

NeilCr wrote: »

Does this help?

http://blog.landregistry.gov.uk/release-restrictive-covenants/

It might if we were talking about England or Wales.

G_M

MissTasmanian wrote: »

Sorry, I should have clarified this is for a detached house and not a flat. So these restrictions are perhaps a tad more unreasonable?

And yes G_M I meant Freehold not leasehold, and I do know the terminology just a slip up on my part.

What am concerned about this is that the solicitor insists that even if I own the freehold I can't build without the landholder's permission.

I posted for a reason:

You need to
a) use accurate terminology
b) quote the relevant clauses in the lease/other documents

if you want meaningful responses

N Ireland may indeed be different, but the concept of 'landowner' does not exist in England. That would be the 'freeholder'.

So in order to understand who can enforce these covenants now, and who could enforce them if you bought the freehold, you need to

a) use accurate terminology
b) quote the relevant clauses in the lease/other documents

NeilCr

davidmcn wrote: »

Rather than take second hand advice or listen to people here (who, on the whole, are going to be clueless about N Irish land law, but someone knowledgeable might be along in a minute), you'd be best to rely on your solicitor's advice about (a) who has the title to enforce the covenants, and (b) whether they're actually entitled to if objectively you're not doing anything which adversely affects them.



It might if we were talking about England or Wales.

Okay. I'll bow out with this

http://www.mylawyer.co.uk/restrictive-covenants-england-wales-and-northern-ireland-a-A76076D35102/

But I agree re getting legal advice.

MissTasmanian

Thanks all for the advice