Revised policy on covenant release

Revised policy on covenant release

Following a ruling from the District Auditor earlier this year on the legality of charging a resident for the release of a restrictive covenant, the Parish Council has sought fresh legal advice. In the light of this advice, it is now drawing up a revised policy on covenant release, which it hopes will be seen as fair, equitable and consistent.

Here you can view the Parish Council’s revised policy:

Covenants Policy

Covenants_Legal_Advice

Background

In 1973, the Parish Council took over several pieces of land from the now-defunct Riding Mill Estates company, together with responsibility for restrictive covenants on some properties in the village. Since then, the Parish Council has sought to charge residents for lifting restrictive covenants affecting their properties. This policy has been the subject of some dispute within the village.

The District Auditor was recently asked to give a ruling on whether the Council was acting unlawfully in charging for the release of a specific covenant. He confirmed that the Council had acted in a way consistent with the advice they had received from their solicitors and from the District Valuer, and was therefore acting lawfully. He did, however, ask the Parish Council to seek legal advice on the enforceability of its covenants, and use this advice in formulating a revised policy for managing covenants. The Parish Council has now received this advice, and is using this as the basis for a revised policy.

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