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Restrictive Covenant
Restrictive Covenant
Posted
Mon, 05 Aug 2024 16:14:44 GMT
by
Chris Bean
Hi,
A developer has shown interest in developing land that has a "No development" covenant on it.
In anticipation, I wrote to the Secretary of State regarding this and their response was to inform the Land Registy should they apply for planning permission.
They have now applied, so please let me know how I should proceed. I could not find an obvious form to submit.
Regards,
Chris.
Posted
Tue, 06 Aug 2024 05:51:22 GMT
by
Adam Hookway
Hi Chris - there is no link between us and the planning process and we don;t need to be 'informed' should a land/property owner apply for planning permission.
If there is a registered restrictive covenant, and the land/property owner is in breach of that covenant, it's very much legal advice you need as to what legal rights and options you may have
Applying for planning permission in my experience is not a breach of a covenant restricting building on land. It's the actual works starting that would perhaps be considered a breach but again something to get legal advice upon.
It's also important to understand who has the benefit of such a covenant as it will benefit other land/property owners rather than be a general benefit to everyone. You should check the registered information for the land and consider which land/property has the benefit - again something to discuss with your legal representative.
If there is a breach then again we don't need to be informed as we don;t police/enforce such matters and that would be for the court.
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