Q:What can I do to get around a restrictive covenant on the title to my site that it can only be used as a single private dwelling house?

July 1, 2002
The first step to take is to investigate whether or not the covenant is actually enforceable. If it predates the 1925 Land Registration Act it should have been registered as a Land Charge. If your solicitor can ascertain that it was not registered then you are entitled to ask the Land Registry to remove the covenant from the title. <p></p><p>If it was correctly registered your solicitor can investigate who if anybody still has the benefit of the covenant and whether or not it actually binds you as the current owner of the property. If the covenant does still bind the land you could negotiate with the beneficiaries for a release or modification of the covenant. But if this is not a practical possibility then you could consider: </p><p> * applying to the Land Tribunal to discharge or modify the covenant if you can prove it is obsolete, its removal would not injure the person benefiting from it or, it does not provide any practical benefit of substantial value to the persons benefiting from it but would otherwise prevent a reasonable use of the land</p><p> * make enquiries as to the availability of indemnity insurance. But be sure to seek the …

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