The following Property Q&A Produced in partnership with Katrina Mather of Hardwicke Chambers provides comprehensive and up to date legal information covering:
Restrictive covenant insurance provides protection for people who hold an interest in land which is burdened by a restrictive covenant. It would ordinarily provide cover for loss in relation to damages awarded against the insured, costs of altering or demolishing a building to comply with a covenant, abortive works costs and legal costs. Such insurance may be obtained before planning permission has been obtained for a development where the intended development site is burdened by restrictive covenants.
Clearly, when it appears that a restrictive covenant may affect the planned development, every effort should be made to iron out issues as early as possible. However, pre-planning restrictive covenant insurance policies may be appropriate when there are issues which cannot be determined readily. Such polices are ordinari
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