Advising on Restrictive Covenants in Residential Transactions

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Restrictive covenants continue to be a complex and often misunderstood area of property law, with significant implications for buyers, sellers, and conveyancers alike. This session will explore best practice and the practical and legal challenges involved in advising clients on covenants that limit the use, development, or enjoyment of residential land.

The talk will examine the key principles governing the enforceability and modification of restrictive covenants, discuss recent case law and will provide practical guidance on risk management and drafting strategies

• Getting the basics right
• Drafting issues
• Acting for the buyer reporting on title – tips and traps
• Using Defective Title Insurance to protect the buyer
• Applications under Section 84 Law of Property Act 1925
• Lessons from recent case law

Ian Quayle, Chief Executive, IQ Legal Training