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Query about a restriction
Query about a restriction
Posted
Sun, 16 Feb 2025 18:46:32 GMT
by
Garry Webster
Hi
I just want to clarify what this entry means on some land my Dad bought in 1990
"c) Not to Grant any rights of way over the land
coloured Blue other than to the Purchasers
successors in title to the property hereby Conveyed
and Transferred."
does this mean the land cant ever be sold or only ever be used by the owners (Dads) successors? surely this must be able to be challenged by the tribunal? i assume successors only means his children?
thanks
thanks
Posted
Mon, 17 Feb 2025 08:09:10 GMT
by
Adam Hookway
Hi Garry - it's legal advice you need here to understand what the wording means. Whilst we register such information we can't give you legal advice or a legal interpretation of the wording.
All I can perhaps offer is that it's not a bar to the land being sold. The wording relates to the granting of the right of way only. And successors in title means whoever the land is then conveyed/transferred to as it's 'successors in title' so whoever owns the title.
If I were to go further, but it must be legal advice you obtain here, and read the wording at face value then the right is I suspect aimed at ensuring that whoever owns the land and enjoys the right as granted does not then grant it to a third parry, say a neighbouring landowner. Namely does not try to share the benefit of the right of way with someone else.
Posted
Mon, 17 Feb 2025 10:31:15 GMT
by
Garry Webster
thats really helpful Adam
thank you
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