Restrictive Covenants

A developer of land should be aware of restrictive covenants affecting the land for development and ensuring that they are live to them at the earliest opportunity, because it will affect the viability of a project and have financial implications. Knowing what the impact of a restrictive covenant is and how to modify them is key to unlocking the development opportunity on the land.

We can help by:

  1. Advising on the terms and validity of a restrictive covenant.
  2. Providing strategic advice as to your options – possible to modify, whether should do so in the first instance, obtaining indemnity insurance etc.
  3. Negotiating a release or modification of the restriction.
  4. Issuing notices to modify and applications to the Land Tribunal.
  5. Issuing and defending court proceedings for declarations as to the enforceability of restrictive covenants.
  6. Issuing and defending injunction applications to prevent/cease a breach.

 

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