How do I get a restrictive covenant removed?

Laurel_and_Hardy

I have some restrictive covenants on my house which were placed by my neighbour who built the house. She is willing to have some (maybe all) lifted so we can extend the house. How do we go about this? Do we just get it from her in writing and how do we get them totally removed from the deeds. She is now 92 years old so we are keen to get them removed if possible before she is no longer available - her daughter is happy to endorse lifting the covenants as well ( she owns half her mums house). I am hoping someone can tell me what forms I need, where I get them from and whether we have to involve a solicitor or can organise ourselves as the beneficiary is happy to change them?
The covenants restrict where we can extend, leisure vehicles (boats and caravans etc - though we do have verbal permission to store our caravan) and height of trees and hedges.
Many thanks

Browntoa

I would involve a solicitor

[Deleted User]

I had some covenants removed by gleeson when I bought. I just received an email giving me permission to put up fences etc. Not had any comeback in 6 yrs.

G_M

See a solicitor.


An informal agreement is not enough- it needs recording against the Title at the Land Registry.

da_rule

It depends on the exact wording of the covenant. If it just says that you can’t do something without the permission of the other person then a written letter of consent would be satisfactory. If, however, the covenant is an absolute prohibition then it would either need to be varied or removed. This can only be done by deed and should then be lodged at the Land Registry against both titles.

Laurel_and_Hardy

da-rule, what do you mean by both titles please ?

davidmcn

Laurel_and_Hardy wrote: »

da-rule, what do you mean by both titles please ?

Both the burdened and benefited titles i.e. your title and your neighbour's title.