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Property/DIY

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Insurance for restrictive covenants

3 replies

ISB · 19/06/2023 21:38

Hi,
I am buying a property, which has restrictive covenants benefiting the a company. The covenants need the owner to get approvals for any extensions.

Further, on my conveyancer's advise I have reached out to the company benefiting from restrictive covenants on the property. And now the solicitor is stating that I cannot get indenmity insurance against any future breaches.
I have 2 questions:
1/ I haven't disclosed any of my plans to the company, just asked them about process and timelines to approve any works
2/ Is it a negligence on my conveyancer's part to direct me to reach out to the company, which is causing issues to obtain insurance.
Thanks.

OP posts:
Monster80 · 19/06/2023 21:43

Do you know if you be given a share of the estate in the form of a share certificate? If so, you can’t indemnify yourself against a group of which you are part. We live on an estate with many restrictive covenants, for us permission needs to be obtained for any structural work/other work requiring building regs. that we are planning.

Blankscreen · 19/06/2023 21:44

Why do you have a solicitor and a conveyancer?

Generally for historic covenants you can only get Insurance if no disclosure is made to the person with the covenants.
If you are planning to 'breach' the covenants and they is a readily identifiable party with the benefit of the covenants then you are unlikely to get insurance anyway.

off the shelf policies work on a no work for 12 month basis.

A bespoke policy is very different.

ISB · 19/06/2023 22:04

Thanks Monster80 and Blankscreen, for quick responses.

@Monster80: The property is a freehold dwelling. And the company which benefits from the covenants is some 100 year old company, which probably build the houses back in around 1915!
@Blankscreen: Could you please explain the 12 month point.

Lastly, another follow up question:
What would be a good estimate for the costs (application and solicitor fee) to get the covenants cleared from Land Tribunal?

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