removing a covenant/restriction

We bought a piece of commercial land with a workshop and the seller lived next door, they added a restriction that residential development requires written consent from them.
we have purchased the house they lived in, does the restriction still apply and if so can we get it removed easily.
Thanks

Chris - what actually is it? A restriction or a restrictive covenant? They are two different things.
If it's a restriction, usually an entry in the B Proprietorship register, then it can be cancelled/withdrawn - Practice guide 19: notices, restrictions and the protection of third-party interests in the register - GOV.UK
If it's a restrictive covenant, so an entry on the C Charges Register, then cancelling it would require an application that then showed how al the benefiting land had essentially released the bound land from the said covenant

hi Adam, thanks for your response, it is a restrictive covenant, so when we complete the tp1 for the transfer can we ask for this to be removed as it will no longer apply?

thanks

Chris - you can apply as part of another application but you will need to show that the whole of the benefitting land has given up the benefit of it's restrictive covenants 
I would suggest speaking to the conveyancer acting for you to confirm/clarify how to identify the whole of the benefitting land and what's required 

Hi.

NK294334

We are in the process of purchasing a property with a restrictive covenant for ground maintenance associated with a now dissolved company.

Our solicitor has advised that the covenant must be removed with evidence from companies house, while the vendor solicitor has indicated that it would be progressed through a discharge. 

An application is being submitted to remove. Could you indicate if this is the correct mechanism and what the time lines from Land Registry would be in this instance. It may have already been submitted with a request to expedite. 

Warm regards. 

Hi Adam - they submitted an application in form RX3 on 12th Feb. It's been expedited on 14th Feb so will be considered asap but impossible to be definitive re timescales until processing starts.
NK294334
 

Thank you so much for your quick response. 

Hi Adam, apologies. Is there any update on this one now by any chance?
NK294334

Hi Adam - we contacted the conveyancer on the 20th with a request for more information. Hopefully they can confirm for you and clarify when they expect to respond
NK294334

Thank you again for you prompt response. Have a great weekend.

Hi

Need some advice.  I am trying to sell my house.  It is an ex local authority house, in the title deeds, te council has retained the right of Re entry to the propery if a very small fee is not paid to a local church. No one has ever asked for his money. 

The prospective buyers want this covenant Removed, they have rejected the offer of indemnity insurance for the covenant. 

I think their mortgage offer may be dependent on the removal of this covenant. 

How likely is it that the council will remove the covenant cometely, can anyone advise please

 

Breda - I am afraid that is not a question that we can answer here.  You need to speak to your legal advisor.