Planning Permission and Restrictive Coveneants

mynameisdave

Found this story quite interesting when it was reported earlier in the year, and this weeks paper shows that they have indeed been demolished.

I was wondering if any more knowledgable people can shed any light on the legal circumstances surrounding it.

Obviously it would be vrey helpful to know who had the 'vague' covenant and exactly what it said but we dont get that info.

http://www.chesterchronicle.co.uk/chester-news/featured-stories/2010/04/29/demolition-order-for-chester-homes-built-on-pipes-59067-26338788/

http://www.chesterchronicle.co.uk/chester-news/local-chester-news/2010/07/29/saltney-homes-demolished-after-seven-year-legal-battle-59067-26951788/

Cannon_Fodder

Over a water main, is a pretty big mistake. Somebody didn't do their homework...

Maybe helps this poster https://forums.moneysavingexpert.com/discussion/2590781 understand why their buyers were wary...

delmar39

Cannon_Fodder wrote: »

Somebody didn't do their homework...

From the article "He was unaware of the pipes even after hiring a lawyer to carry out legal searches because the only clue to their existence concerned a ‘vague’ covenant on the land."

Someone did do their homework but not very well!

Bit of a bummer this. Surely if it wasn't picked up as part of the initial legal process by a solicitor then it's unfair to put the blame on this poor chap.

We've had issues with covenants in the past. You've got to have plenty of bunce to enforce them. This poor guy obvioulsy came up against a water board who've got the money to see the whole process though. Plain unluckly

Cannon_Fodder

Back 7+ years ago, would a water search not take place/not spot this..?