Restrictive Covenants Flashcards
1
Q
What is a restrictive covenant?
A
A binding promise restricting land use (e.g., no commercial use).
2
Q
What is restrictive covenant indemnity insurance?
A
Covers potential enforcement action for breaches of restrictive covenants.
✅ When the beneficiary of the covenant is unknown.
✅ If the covenant has not been enforced for years
3
Q
When should applications to the Upper Tribunal (Lands Chamber) be made?
A
✅ When the covenant is obsolete or no longer provides a practical benefit.
✅ If covenant restricts reasonable use of the land.
✅ Consider negotiation