Does the covenant still stand?

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    Does the covenant still stand?

    Hi,

    First post so please bear with me!

    We have recently purchased a property and there is a covenant between the housing association, the builder (I believe, it only states a name) and the previous owner who bought the property from the housing association. I does state the covenants pass on to his successors (my husband & I). We want to create off street parking, which the covenants states we cannot, but the street is much busier then in 1988 when the property was first bought off the housing association. The housing association is no longer trading and I cannot find any information about the builder mentioned and I am pretty certain he will now be deceased.

    My question being do the covenants still stand and if they do how can we get them eased? Should we contact the land registry office?

    There has been multiple other housing associations in charge of the houses that are still rented but I do not no if they have any right with our house as it was bought before they took over.

    Thank you for any help!

    Chloe

    #2
    Under s84(1) of the Law of Property Act 1925, an application may be made to the Lands Chamber of the Upper Tribunal (formerly the Lands Tribunal) to remove or modify a covenant. In order to be successful, the applicant must show that one or more of the following criteria apply:

    1. A change in the character of the neighbourhood or property, other material circumstances, means the covenant is obsolete. As an example, a covenant not to build any structure so as to obstruct the covenantee’s view which was imposed when the land surrounding the benefiting land was open countryside may be considered obsolete if a housing estate has since sprung up around the land or;

    2. The continuance of the covenant would impede the use of the burdened land for reasonable purposes without there being a positive benefit resulting or;

    3. The beneficiary under the covenant has, either expressly or implied agreed to its removal or modification. Agreement might be implied from actions of the beneficiary which suggest, with no other reasonable explanation, that he intended to for the covenant to be removed or modified or;

    4. The proposed modification or discharge would not actually injure the beneficiary.


    Comment


      #3
      Please set out the wording which introduces the covenants, that is the part which starts "The Purchaser hereby covenants with..." or words to like effect.

      Comment

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