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Help understanding covenant on freehold house

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  • Help understanding covenant on freehold house

    I'm looking at a freehold property where there is a mixture of freeholds and leaseholds. They all have a share of RMC that owns common freehold with the flats.

    What does the following mean (from sixth schedule, common areas owners covenants)?:

    'Subject to being provided with such security for costs as the Common Areas Owner may in its absolute discretion deem necessary enforce the covenants entered into by the owners of other properties on the Development'.

    Just interested in what is means as the legalese has melted my brain. Thank you for help!
    Tags: None

  • #2
    if its costs of doing so are paid, this owner may enforce other lessees' obligations.

    In other words, if your neighbour is doing something in breach of the terms of his lease and you want him to stop, you can get this owner to take action, as long as you cover his costs.

    Your neighbour has not entered into any lease obligations to you, but he has to this owner, who can enforce those obligations - if you pay.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Thank you very much. So is it like a lease properties mutual enforceability clause? Can the freehold force a flat to obey their lease in the entirety or just where they share a clause (no campervans). I assume that they cannot enforce something only in the leases like no pets for example?

      Thank you very much really interesting stuff, I had no idea there were all these rules.

      Comment


      • #4
        the wording appears to apply to all covenants given in leases.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment

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