Restrictive covenant magic

Many developers are seeking to develop land that is burdened by one or more historic restrictive covenants.

Where a covenant limits development, then even a best-case scenario usually involves an expensive defective title insurance policy. A worse-case scenario can see a developer have to walk away from an otherwise prime development site due to a ‘no build’ or other burdensome covenant.

Wouldn’t it be great if there was some way to magically make such a covenant disappear? Well, sometimes there is. And while we can’t guarantee the Gateley fairydust will work on every occasion, there is a useful trick that is worth looking at in these situations…

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