Restrictive Covenants - Help!

FreeBear

Flugelhorn wrote: »

Aunt bought an ancient house where there was a covenant prohibiting the distilling or brewing of alcohol

My home is built on land originally owned by the church. Have a similar covenant in place about alcohol. Also not permitted to keep pigs, but chickens & goats are allowed.

sheramber

What is the penalty if someone doesn't abide by the covenants?

davidmcn

sheramber wrote: »

What is the penalty if someone doesn't abide by the covenants?

They get told they need to abide by the covenants (if a court can be persuaded that they're enforceable). There's no "penalty" as such.

SmashedAvacado

Apart of course from the ability to get an injunction and then to make a contempt of court application with prison as a potential penalty for breaching the injunction

G_M

davidmcn wrote: »

It's pretty commonplace for churches to impose conditions against using properties they sell for any of their "competitors" (which seems to demonstrate a certain lack of confidence that their version is the correct one...).

Errr..... better that than a dogmatic insistence that their version is the correct one.


Which has resulted in.... exactly how many wars over the centuries.......?

davidmcn

SmashedAvacado wrote: »

Apart of course from the ability to get an injunction and then to make a contempt of court application with prison as a potential penalty for breaching the injunction

Yes, if it gets as far as a court order which you then decide to ignore. But nobody's going to pop up out of the woodwork demanding thousands because you once immorally placed some bets while sitting on your sofa.

Grenage

I would never entertain a purchase with any such covenants, on principle alone.


If I want to have drunken gay sex and praise the dark lord, I will.

Nasqueron

Love the idea that one lot of woo is ok but woe betide you if you try and practice a different lot that they don't agree with.

Psychics are blatantly lying about a non-existent (see cold reading) ability to speak to the dead or predict the future for profit though so stopping them is no bad thing.

steampowered

davidmcn wrote: »

They get told they need to abide by the covenants (if a court can be persuaded that they're enforceable). There's no "penalty" as such.

The person who has the benefit of the covenants (an adjoining landowner perhaps?) could in theory try to enforce them through the court process.

Often the covenants are historic and it is no longer obvious who (if anyone) still has the benefit of them.

In that type of case the chances of the covenant ever being enforced are remote, and it is usually possible to purchase insurance to cover any costs that might be associated with the covenant.

Best for the Op to ask their solicitor or conveyancer for advice, as they will hopefully be able to find out a bit more information about the covenant and advise on the circumstances.