We'd like to remind Forumites to please avoid political debate on the Forum... Read More » This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Restrictive Covenant - Who monitors the Council?

keftin · 2009-09-12 13:38:08

My local council was gifted 26 acres of land in 1924 with restrictive covenants. The land is to be used as playing fields by 'scholars of the Borough'. The only building allowed is that which would enable the land to be used as intended ie playing fields. One would presume this could only mean sheds for storage of tools /…

Comments

Richard_Webster Posts: 7,646 Forumite

14 September 2009 at 4:53PM

A body such as a local authority that has compulsory purchase powers can ignore restrictive covenants completely even if it did not acquire the land by compulsory purchase.

All land held by local authorities has to be held under some statutory power or the other. Some such powers require that an authority makes an appropriation order to change its holding power from one statute to another (usually because it is easier to sell or build on land using the second statutory power.) Such orders tend to be subject to objections being considered.

I may be wrong but I suspect that it is not actually the restrictive covenants themselves that are the issue but a proposed appropriation.

RICHARD WEBSTER

As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
0