Land owners and developers often encounter restrictive covenants when they propose to change the use of or develop land.
Failure to consider the validity and effect of any such covenants at the outset may result in long and costly proceedings. Therefore it is important for land owners and developers to understand their legal position and, if land is burdened with enforceable covenants, to take adequate steps to protect themselves from any potential claims. Our team has experience in helping clients to understand restrictive covenants and either enforce them or protect themselves against the enforcement of the restrictions. We regularly advise clients in relation to the validity and enforceability of restrictive covenants whether they are considering developing land or purchasing property for redevelopment or simply as an investment.
How we can help?
We can advise on the validity and enforceability of restrictive covenants. We can provide strategic advice in relation to your options and can assist with the preparation and issue of proceedings in the Lands Tribunal for the modification or discharge of restrictive covenants. We can also assist with applications to the court for declarations as to the validity and enforceability of restrictive covenants.