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Q.

How to remove a restrictive covenant?

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0 2022-12-29T13:47:22+00:00

Hey pal, 

When you own a property, it is natural to assume that one can do what they like with it. This might not be the case, particularly if your deed has a restrictive covenant. In simple terms, a restrictive covenant is a legally binding agreement between the neighbours that can limit what can be done with the property. I will share with you how to remove a restrictive covenant. 

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A few of the most common restrictions in a restrictive covenant are:
  • Limitation on the number of properties that can be built on land 

  • Limitation on the subdivision of the land

  • Limitation on the materials that can be used to construct the external walls

  • Limiting the height of the fence

How much does it cost to remove a restrictive covenant?

Few restrictive covenants have an end date, others don't. This means that the restrictions will remain on the property until the covenant is removed. 

You can remove the covenant by requesting an amendment to the deed/ planning scheme. This will cost you anywhere between Rs.1000 to Rs.10000, depending on the lawyer you have chosen. The cost includes the legal fee of the lawyer, the cost of the deed, cost of notarising the deed. 

You can remove the covenant by applying for a planning permit. The cost of an application can vary from one state authority to another. For the exact cost, you will have to confer with your state’s planning authority. 

This is all from my end on how to remove a restrictive covenant. 

Read more:

What is a covenant? How to get title deeds of property?    
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