CILEX CPQ P4 Residential Conveyancing Practice Questions - CILEX CPQ Professional Stage P4 Residential Conveyancing Law And Practice Exam

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A buyer is purchasing a residential property subject to a restrictive covenant entered into in 1955 prohibiting any structure from being built without the original vendor's written consent. The seller added a conservatory in 2010 without consent. No complaints have been made. Which option is the standard conveyancing remedy under Law Society guidelines?

Obtain a restrictive covenant indemnity insurance policy at the seller's expense. Apply immediately to the Upper Tribunal (Lands Chamber) under section 84 LPA 1925 to discharge the covenant. Track down the descendants of the 1955 vendor to obtain retrospective consent. Advise the buyer to remove the conservatory before completion.

Correct Answer:

Obtain a restrictive covenant indemnity insurance policy at the seller's expense.

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