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If all parties with the benefit of the restrictive covenant can be identified and found, and they agree to release the restrictive covenant, a deed of release can be negotiated and entered into. The deed will operate to release the land from the burden of the covenant and enable you to develop the land freely.
By way of agreement; By way of drawing up a Deed of Release of Restrictive Covenant or; By applying to the Upper Tribunal to have the covenant removed, if it meets certain criteria, such as, the beneficiary is unknown, the covenant cannot be enforced or the covenant is unreasonable.
If a landowner feels a restrictive covenant is unreasonable, they may have a case for having it removed altogether or, if that's not appropriate, possibly varying or amending the covenant. Getting expert advice from a lawyer and/or planning consultant would be a good place to start.
By Practical Law Property. This standard document is for use where a party agrees to release a restrictive covenant of which it has the benefit. To access this resource, sign in below or register for a free, no-obligation trial.
If a restrictive covenant is already in your employment contract, you can seek your employer's consent to have it removed. Depending on the reason, they could refuse this request or it may be removed by an Employment Tribunal if they determine it is unreasonable.
To do this, you'll need to apply to remove the restrictive covenant. An application to remove or modify the restrictive covenant can take between 18 and 24 months to go through. If the party controlling the covenant can still enforce the ruling, consider negotiation, but be prepared for them to want compensation.
In all cases, no matter how old they are, covenants cannot be removed or disregarded unless they are extinguished by agreement, which usually involves some form of payment or an application to the Lands Tribunal a long and costly undertaking. Covenants can be very obscure.
Can I get a restrictive covenant removed? If there is a covenant on your property which is obsolete, you can make an application to the Upper Tribunal (Lands Chamber) (which use to be known as the Lands Tribunal) asking for the covenant to be discharged or modified.
By way of agreement; By way of drawing up a Deed of Release of Restrictive Covenant or; By applying to the Upper Tribunal to have the covenant removed, if it meets certain criteria, such as, the beneficiary is unknown, the covenant cannot be enforced or the covenant is unreasonable.