Although widely misconceived, purchasers do not have to obtain a building survey when they...
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Whether you are considering building a new extension, a single house or developing a large site for multiple properties, best practice is to first check the deeds of the property for restrictive covenants. Restrictive covenants may appear on the legal title to the property and may well restrict further development and/or provide for specific restrictions on new buildings. Failure to comply with these covenants can result in legal action being taken by the benefiting land owners.
Restrictive covenants bind land and if you are considering developing land which is subject to restrictive covenants then we advise caution and to seek legal advice first before proceeding.
There are ways to deal with restrictive covenants and we set out the following options:
So when considering development no matter how small or large, we would highly recommend that the title of the land is checked first before development commences. If development is completed in breach of a restrictive covenant and a subsequent notice of breach is received then in the absence of adequate legal indemnity insurance being in place this could be very costly for the developer concerned.