Who owns the covenant on a property where the developer went into administration some years ago?

9th Dec 2017

The developer of my property (and the rest of the estate) went into administration a few years after completion. The houses were built in 2008. There is a restrictive covenant on the deeds which refers to obtaining permission from the developer for certain things. During liquidation, the original developer was bought by another company owned by the same family and it has since changed its name back to what the original company was called.

I'm unsure who owns/enforces the covenant now. My neighbour says the council, but the council say it's not them. I can't get hold of the developer. Is this logged in Land Registry?  We only just bought the house so have all the bits from solicitor but the covenant refers to the original developer, who doesn't exist any more.

CATEGORY: Conveyancing & Property

LOCATION: BUCKINGHAMSHIRE

1 answer
  • ISC Lawyers LLP

    It depends on the wording of the covenant. If it refers to the developer "and its successors" or the like, then the new company might be able to enforce but it depends on the precise wording of the covenant as to whether it is enforceable anyway. Without reference to successors, no one can enforce. I've assumed that your property is freehold. If it's leasehold, then the current freeholder would be the one to enforce.

    The Land Registry doesn't keep such records.

    The position is not straightforward and you should consult a solicitor.

    This opinion is given without acceptance of any liability for its correctness.

    Did you find this answer helpful?

    ISC Lawyers LLP

    Did you find this answer helpful?

Can you help with this question? Provide an answer and receive contribution points to help promote your firm.

CANCEL Please ensure your response adheres to our community guidelines before posting.

You might be interested in these questions

HAVE A LEGAL QUESTION?

Posting a question is completely free and we have qualified solicitors ready to help you. To get started simply click the link below.

ASK A QUESTION
Find a solicitor

Find a solicitor

Use our find a solicitor service to find and compare the best Conveyancing & Property solicitors from around the UK. Narrow your search down to a particular town or county to find local solicitors that practice Conveyancing & Property law.

View Solicitors
The ultimate guide to hiring a solicitor

The ultimate guide to hiring a solicitor

Hiring a solicitor for any legal issue can feel quite daunting. It is important that you make a good decision, but you may not know what to look for and how to chose a solicitor that is right for you. To help make the process easier, we have created the ultimate guide to hiring a solicitor. We have highlighted some of the key considerations you should take into account, as well as some handy tips to help make finding and choosing a solicitor both stress and hassle free.

Read More
  • This month
  • All time
  • OTS Solicitors

    OTS Solicitors

    0207 936 9960

    7 Answers

    PROFILE
  • Integrum Law

    Integrum Law

    0151 649 1626

    4 Answers

    PROFILE
  • Thomas Simpson Solicitors Ltd

    Thomas Simpson Solicitors Ltd

    01962 820 228

    3 Answers

    PROFILE
  • ISC Lawyers LLP

    ISC Lawyers LLP

    020 7833 8453

    2 Answers

    PROFILE
  • Cohen Cramer Limited

    Cohen Cramer Limited

    01132247804

    1 Answer

    PROFILE
Loading...