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Deed of Covenant

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  • Deed of Covenant

    We bought a plot of land from a builder in 2016 with planning permission to build two houses. We've now completed one house and are trying to sell it. The purchase came with several Restrictive covenants and also a Deed of Covenant which was to be signed by any future buyer of the developed plots. Our solicitor is suggesting that we need to get this signed by the builder we bought the plots from. He's since died.
    Reading articles on line, we are of the opinion that because the deed says this should be made by the "Transferor or his successors in title" we should be the ones to sign the deed together with the new buyer. Our solicitor is suggesting we need to find the successors in title of the builder. This could prove very difficult and we've already lost 2 buyers because of solicitor's delays. We don't have much confidence in our solicitor so we just want to check who's correct.
    Any insight or suggestions would be welcomed.
    Tags: None

  • #2
    Sorry, but the answer lies in the exact wording used, and the circumstances. What you describe seem to be (possibly) a mixture of positive and restrictive covenants. Do not mix the two up together, as you seem to. Very different rules apply to the different kinds.
    Was this not all considered when you bought the land? If they were bought as building plots, it should be designed to be manageable on a sale off.

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