Selling house & unknowingly breached restrictive covenant

ABFG

Section62 said:

ABFG said:

If this is an old covenant the company named in the covenant may not still exist, you can check on Companies' House. In which case you could be free and clear if no successor is named.

Companies House don't have an exhaustive list of UK companies - there are types of company (often involved in smaller development projects) that didn't/don't need to be recorded by them.  Unfortunately the absence of a name on the current register doesn't prove the company no longer exists.

Yes - apologies if I misled anyone and thank you section62. I should have added the caveat that only limited companies or LLPs must be registered at Companies' House, which in my case it was a limited company.

GDB2222

If you contact the company, can you still get indemnity insurance.

Swipe

How would the company actually know there's a sun lounge? Google Earth? Surely they'd already know by now?

user1977

GDB2222 said:

If you contact the company, can you still get indemnity insurance.

Not enforceable insurance. It's a standard condition of such policies that you don't tip off whoever has the ability to enforce the covenant. You'd probably need to leave it a couple of years (assuming nothing actually happens) before you could get valid insurance.

Rambosmum

Stand firm. Indemnity policy or nothing, then remarket. 

Section62

Rambosmum said:

Stand firm. Indemnity policy or nothing, then remarket. 

What if the next buyer identifies the same issue and has the same requirement?

Is getting consent from the beneficiary really so unthinkable? (we don't even know what the covenant says yet)