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  • Legal FAQs

    Restrictive covenant

    There is a restrictive covenant on my commercial premises.

    It is held by a major brewery and prevents the building of a public house on the edge of the plot.

    No intention of building a pub. The brewery haven't had a pub nearby in years and none exist anymore in the vicinity (well within the radius of the covenant).

    Is it worth contacting the brewery to get it lifted? Cost, process?

    Does the covenant prevent redevelopment of the site into apartments (new build, not conversion) in the future?

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    I would have thought it is unlikely you would be able to get this lifted.

    Why would you want to ?  Seems more bother/expense than it is worth ?


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    Sounds like there's a possibility of selling to a property developer.

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    Without doubt, this is the future (though not immediate) of the site.

    Would this covenant cause issues?

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    If it stipulates public house I'd like to see how anyone could use that to object to housing or any other business, although solicitors can be clever buggers sometimes.  However the site is not going to get a better price just because of that clause not forbidding all types of premises - anything else could still get objections, so get planning permission to build flats, then you'll be able to sell for a higher price.

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    This is not likely to be an issue, the brewery was probably just looking to protect any potential future business for itself, you sometimes see similar on petrol station sites. However, it is worth checking it with a solicitor in case there is any more specific language in the covenant (or other covenants that might prevent or restrict what you can do in terms of building on the plot). I don't see that there would be any value gain from getting the covenant eased or extinguished in this particular case so (subject to any legal review) would leave it alone. It is also a time consuming and costly process to deal with covenants. There are other restrictive covenants that can prevent conversion or newbuild development, which in some cases can stop development dead...if you get a whiff of anything like 'a private dwellinghouse only' or similar then get specialist legal advice.

    Best,

    Guy

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    Guy Brown
    Blue Infinity Property Group
    M 07791-661491 | T 0118 3360366 | E guy@blueinfinityproperty.com<script data-cfhash='f9e31' type="text/javascript">/* http://www.blueinfinityproperty.com

    * New build residential developments and flat conversions in the Home Counties
    * High end HMOs in Reading and Bracknell