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Restrictive Covenant - What does this mean?

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  • ArbitraryRandom
    ArbitraryRandom Posts: 2,718 Forumite
    Sixth Anniversary 1,000 Posts Homepage Hero Name Dropper
    Rikz12 said:
    So, finally got a response from our solicitor and they have come back with the following: 

    As the conveyance is not available you would not know who to ask for consent from so if you were to decide to do an extension in the future you can still apply for planning and building regulations consent from the Local Authority. You just will not have the consent as per the register of the vendors (restrictive covenants). So you will need to obtain a breach of covenants indemnity policy for your future buyers.

    So I guess, with the relevant planning permission (as necessary) you can breach the covenants and simply get an indemnity policy. Lord only knows though, given the slow responses whether this is solid information. I guess the main thing for future prospects would be for us to feel protected and any future buyers to feel protected too).  

    I would be keen to know, what you would do? 

    (Also, massively appreciating the feedback from you all. Feels like things make more sense now)

    I'd highlight this section - To my reading the solicitor is saying YOU could still be challenged, but the indemnity would protect anyone you sold it to (which follows my working understanding of the function of an indemnity policy). 

    As others have said, I doubt this is a significant risk, but I'd clarify that point if I were you. 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • Rikz12
    Rikz12 Posts: 7 Forumite
    Name Dropper First Post
    @ArbitraryRandom just pinged over a response to the solicitors and waiting to hear back. It would be good to find out if we could be covered whilst living there. 

    Will share an update once I know. 
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