
David Church discusses a residential development that was facing problems
"We were approached by a developer’s solicitor in relation to a new residential development. The developer had planning permission granted in 2004, and at the proposal stage, several letters were registered making objections on the basis of restrictive covenants which burden the site.
At this stage, we knew that if we were to provide cover, we would have to investigate these objections further, something which other insurers may not have time for. After further research, we found that building work on the development was already substantially complete, and during the project, the objectors, who had raised the issue of the covenants, had made no complaints. It’s often the case that those who reference covenants do not actually hold the right to take the benefit of that covenant, which may be the case in this instance, so we took the practical view and were satisfied enough to provide cover."
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