At Aristone Solicitors, we provide a complete range of legal services covering all aspects of property sales, purchases and transfer of ownership. This includes restrictive covenants – private agreements reached between landowners, which prevent their land from being used in a specific way for the benefit of the other person’s land.
It is possible for a restrictive covenant to be imposed permanently, only being lifted when both parties agree or by way of a court order. A restrictive covenant may also be agreed on a temporary basis, though can be challenged or contested at any time by either party. In the event that the agreed terms of restrictive covenant are breached, the responsible party could be liable for heavy penalties or prosecution.
Resolving Disputes Over Restrictive Covenants
Disputes regarding restrictive covenants can be resolved in several different ways. Simple mediation without court involvement is often the preferred approach, though the matter may be taken a step further where necessary.
Options available for resolving disputes over restrictive covenants include:
- Submitting an application to the Lands Chamber of the Upper Tribunal, requesting the modification or discharge of a restrictive covenant.
- Applying to the County Court for a declaration that the restrictive covenant is void, unfair or unenforceable.
- Direct negotiation with the other party or parties involved, requesting that the restrictive covenant be edited or discharged.
Alternatively, if it is you or your business that intends to enforce a restrictive covenant, you will first need to confirm the validity of the covenant and its terms. If the courts rule in your favour, you may be able to obtain an injunction and/or seek compensation for any loss or damages suffered as a result of the alleged breach.
If you have any questions or concerns regarding any aspect of the restrictive covenant, we’re standing by to help. Contact a member of the team at Aristone Solicitors anytime for more information.
Safeguarding Your Financial Future
When considering entering into a restrictive covenant of any kind, it is essential that you seek qualified legal support beforehand. Likewise, if you are no longer willing or able to comply with any of the terms of a restrictive covenant you are currently locked into, we can help.
Contact a member of the team at Aristone Solicitors anytime to discuss your requirements in more detail.
Luton’s Leading Restrictive Covenant Lawyers
As it’s impossible to predict the future with any degree of certainty, you need to approach all long-term decisions with extreme care and attention. Particularly where land and property ownership are concerned, it’s important to consider every possible eventuality ahead of time.
If you’d like to learn more about the benefits and potential disadvantages of restrictive covenants, we’re standing by to take your call. Alternatively, contact Aristone Solicitors anytime if you’re struggling with the terms of a restrictive covenant you’re currently locked into.
