Buy out of restrictive covenant

andye11

Hi, we have a restrictive covenant on our property and the builder who is due to benefit from this is still trading. I would like to develop the land by adding 2 houses in the rear garden and i am getting advice i cannot get indemnity insurance. Does anyone have any experience of dealing with a large builder and trying to buy out the covenant. Before contacting the builder i would like to be aware of what the typical calculation is that would be applied to this situation, i am guessing they cannot just make up any figure. Any guidance would be greatly appreciated. Thanks Andy.

G_M

What exactly does the restrictive covenant say?

(I'm beginning to sound like a broken record - the number of people coming on the forum at present seeking legal help but not quoting the information on which that help can be provided is amazing.

Maybe I should just start guessing what posters' documents say, and then guess what what the legal position is from that!)

Browntoa

Might not be a covenant but a planning restriction from the council.

Have you checked the original planning application

andye11

Hi , i have taken legal advice from 2 barristers and the covenants are enforceable, no way round them so i am where i am now having to deal with the builder direct. Thanks Andy.

davidmcn

andye11 wrote: »

Hi , i have taken legal advice from 2 barristers

Well, have you tried asking either of them your question?

BrassicWoman

andye11 wrote: »

Hi , i have taken legal advice from 2 barristers and the covenants bite, no way round them so i am where i am now having to deal with the builder direct. Thanks Andy.

Could you actually answer GMs question? I am quite sure your documentation does not say "they bite."

Slinky

If it was possible to build on that land, why wouldn't the builder have built on it himself? Could it be it's a planning restriction?