Restrictive covenants are limits on how land can be used, and they run with the land so future owners are bound by them. In England, a solicitor explains whether a covenant can be enforced, whether it can be modified or discharged, and helps you obtain releases from benefiting landowners. They draft and negotiate deeds to remove or alter the covenant, advise on implications for selling or mortgaging the property, and register any changes with HM Land Registry. The way these matters proceed depends on the covenant's terms and the likelihood of consent from the other party or a court order.
What a solicitor handles in these matters
A solicitor defines the precise legal effect of the covenant, identifies who can seek modification or discharge, and handles the steps to obtain consent or a statutory discharge. They may prepare or negotiate a deed of release, apply for modification under grounds such as lack of practical benefit or changed circumstances, and ensure the new arrangement is properly registered and evidenced in title documents.
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