Restrictive Covenants Flashcards

1
Q

What is a restrictive covenant?

A

A binding promise restricting land use (e.g., no commercial use).

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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

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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✅ When the covenant is obsolete or no longer provides a practical benefit.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

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