Old Agricultural Occupancy tie. Help Please.

moxy667

Hi there.

I recently put my house on the market and noticed on the initial planning permission from 1956 that there is a condition that looks like an AOC or something similar.

The house was built by my father and grandfather in 1956 and has been in the family ever since. Both have since passed away and it is now owned by my sister and myself.

The original planning basically states that the house shall be occupied for the benefit of a nearby 'farmhouse' (my grandfathers home at the time of building) for the purpose of agriculture, horticulture or forestry.

I am friends with the current owner of the 'farmhouse'. He has been there since the late eighties and it hasn't been used as a farm since approximately 1966. It has been a private residence ever since and only has approximately nine acres of land that is not farmed.

I have lived in my house for twenty plus years and I have never worked in agriculture in any way. My father also never had anything to do with farming or agriculture.
I was recently granted full planning permission for a large 'dependent' relative extension.

Also, No documents seem to exist with my local council to say that there is any kind of restriction on the house but the Land Registry title document states:

(XX.XX.2000) The land has the benefit of the rights granted by but is
subject as mentioned in a Conveyance of the land in this title dated XX XXXX 1956 made between (1) GRANDFATHER (2) FATHER.

So I was wondering what my best course of action is to get this removed? It's not valid in any way and can serve no purpose.
Obviously, I would like clarity on the issue before selling the property as I know it can devalue.

I have an appointment at the town hall to view all old historic planning documents on both properties.

Thanks in advance.
Mox :rotfl:

vuvuzela

What did your conveyancer say, when you presented all this info to him/her ?

lincroft1710

As you can show that your own occupancy has breached the AOC for more than 20 years, it should be fairly easy to get this removed. Your conveyancer should be able to put this in motion.

Richard_Webster

Is this restriction in a planning permission or at the Land Registry?

If in a PP then you have to apply for a certificate of lawful use on the basis that the condition has been broken for 10+ years continuously (and provide proof tot he Planning Authority of that).

If at the Land Registry a 20 year breach cannot be enforced.

Land_Registry

Our Practice Guide 62 should give you some guidance re the circumstances around removal/extinguishment of easements - section 12 refers

moxy667

Thanks so much for the help on this.
I have been to see a local planning expert and he has confirmed that it's not a modern legally binding tie and simply an old condition in the original planning.
He is assisting me with a 'certificate of lawful use' application based on my situation over the last ten years.

Thanks again.
Mox

moxy667

All now sorted and done. I have a Certificate of Lawful Development and everything is clear.