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Breach of Covenant Question

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Comments

  • Badger50
    Badger50 Posts: 123 Forumite
    This is a scam. The right to enforce restrictive covenants runs with ownership of the land. The developer loses the right to enforce them when he sells the other properties on the development. In my own case the restrictive covenants are theoretically enforceable by dozens of other home owners on the same estate but not the original seller.
  • shortcrust
    shortcrust Posts: 2,697
    Combo Breaker First Post First Anniversary Newshound!
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    Thanks for the update, OP!
  • jamesperrett
    jamesperrett Posts: 1,009
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    Badger50 wrote: »
    This is a scam. The right to enforce restrictive covenants runs with ownership of the land. The developer loses the right to enforce them when he sells the other properties on the development. In my own case the restrictive covenants are theoretically enforceable by dozens of other home owners on the same estate but not the original seller.

    What if the developer retains ownership of some of the land? There's a patch of land next to our house which is still registered to the original developer of our road (although they claim to know nothing about it).
  • Badger50
    Badger50 Posts: 123 Forumite
    Start using it and register adverse possession in 10 years time!
  • EachPenny
    EachPenny Posts: 12,239
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    Badger50 wrote: »
    This is a scam. The right to enforce restrictive covenants runs with ownership of the land. The developer loses the right to enforce them when he sells the other properties on the development. In my own case the restrictive covenants are theoretically enforceable by dozens of other home owners on the same estate but not the original seller.

    Not necessarily. It depends on the wording of the covenant and who it is for the benefit of.
    "In the future, everyone will be rich for 15 minutes"
  • Badger50
    Badger50 Posts: 123 Forumite
    What if the developer retains ownership of some of the land? There's a patch of land next to our house which is still registered to the original developer of our road (although they claim to know nothing about it).
    Applicable covenants run with the land so in that case the original owner retains the benefit of the covenant. But to get any significant remedy for breach from the courts he would have to show that he was adversely affected by the breach. Even if you paid the original owner to discharge the covenants they would still be enforceable by e.g. your neighbours who would find it much easier to show that they have been or would be adversely affected by a breach.
    Not necessarily. It depends on the wording of the covenant and who it is for the benefit of.
    Some covenants are personal and in that case the benefit and burden do not pass to successors in title.
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