Assume you have been instructed by the recent purchaser of the freehold title of a disused bank which is located on the high street of a small town. The property is purchased with vacant possession. The freehold title contains the following restrictive covenant dated 1930 which states: The property is not to be used for the sale of wines, spirits, beers and all other types of alcholic beverages. The title deed is silent on benficiaries of the restrictive covenant. Freeholder has secured planning permission for use of the property as a restaurant and wine bar
and wishes to sell the property to a restauranter who has expressed an interest in acquiring the freehold provided the restrictive covenant can be deleted.
Advise your client on the steps he will have to take to have the restrictive covenant removed from the title.
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