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Help re buying waste land to increase garden size
svjenni
Posts: 525 Forumite
Hi,
Im looking for help in how to go about purchasing some land at the back of our garden, its currently an eyesore and its owed by a charitable trust, who have made noises that they are interested in selling- i'm meeting them for a chat tomorrow
However, there's a number of restrictive covenants on the land - the lady from the charity says that it is around keeping the land for community use.
I'm wondering if these covenants are going to be a deal breaker- we don't have that much money to spend, and what we need to do to take it further - hire a solicitor????
on the deeds are the following covenants (i've tried searching but its a bit over my head - I got a bit about selling the land for market value but I suspect i'm missing a fair bit):
B: Proprietorship Register
(26.07.2011) RESTRICTION: No disposition by the proprietor of the registered estate to which section 36 or section 38 of the Charities Act 1993 applies is to be registered unless the instrument contains a certificate complying with section 37(2) or section 39(2) of that Act as appropriate.
(22.05.2012) RESTRICTION: No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction is to be registered without a certificate signed by Yorkshire Congregational Union their conveyancer that the provisions of clause 4 of an Agreement dated 11 May 2012 made between Brackenhall Community Trust Limited and Yorkshire Congregational Union (Incorporated) (The) have been complied with
C: Charges Register
This register contains any charges and other matters that affect the land.
1 (26.07.2011) A Transfer of the land in this title dated 1 July 2011 made between (1) The Council of the Borough of Kirklees and (2) The Brackenhall Community Trust Limited contains restrictive covenants.
2 (22.05.2012) UNILATERAL NOTICE in respect of an Option Agreement dated 11 May 2012 made between (1) Brackenhall Community Trust Limited and (2) Yorkshire Congregational Union (Incorporated)(The).
3 (22.05.2012) BENEFICIARY: Yorkshire Congregational Union (Incorporated)(The) (Co. Regn. No. 00083885) of Somerset House, St Paul's Street, Morley, Leeds LS27 9EP.
4 (22.05.2012) The parts of the land affected thereby are subject to the leases set out in the schedule of leases hereto. The leases grant and reserve easements as therein mentioned
Im looking for help in how to go about purchasing some land at the back of our garden, its currently an eyesore and its owed by a charitable trust, who have made noises that they are interested in selling- i'm meeting them for a chat tomorrow
However, there's a number of restrictive covenants on the land - the lady from the charity says that it is around keeping the land for community use.
I'm wondering if these covenants are going to be a deal breaker- we don't have that much money to spend, and what we need to do to take it further - hire a solicitor????
on the deeds are the following covenants (i've tried searching but its a bit over my head - I got a bit about selling the land for market value but I suspect i'm missing a fair bit):
B: Proprietorship Register
(26.07.2011) RESTRICTION: No disposition by the proprietor of the registered estate to which section 36 or section 38 of the Charities Act 1993 applies is to be registered unless the instrument contains a certificate complying with section 37(2) or section 39(2) of that Act as appropriate.
(22.05.2012) RESTRICTION: No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction is to be registered without a certificate signed by Yorkshire Congregational Union their conveyancer that the provisions of clause 4 of an Agreement dated 11 May 2012 made between Brackenhall Community Trust Limited and Yorkshire Congregational Union (Incorporated) (The) have been complied with
C: Charges Register
This register contains any charges and other matters that affect the land.
1 (26.07.2011) A Transfer of the land in this title dated 1 July 2011 made between (1) The Council of the Borough of Kirklees and (2) The Brackenhall Community Trust Limited contains restrictive covenants.
2 (22.05.2012) UNILATERAL NOTICE in respect of an Option Agreement dated 11 May 2012 made between (1) Brackenhall Community Trust Limited and (2) Yorkshire Congregational Union (Incorporated)(The).
3 (22.05.2012) BENEFICIARY: Yorkshire Congregational Union (Incorporated)(The) (Co. Regn. No. 00083885) of Somerset House, St Paul's Street, Morley, Leeds LS27 9EP.
4 (22.05.2012) The parts of the land affected thereby are subject to the leases set out in the schedule of leases hereto. The leases grant and reserve easements as therein mentioned
Had a thrifty wedding 17-06-10
expecting triplets in Jul/ Aug 2012 :eek::eek::eek::grinheart:grinheart:grinheart
expecting triplets in Jul/ Aug 2012 :eek::eek::eek::grinheart:grinheart:grinheart
0
Comments
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See what they say the restrictions are and then get your own solicitor to check it over - in particular what the Option Agreement says.0
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I've heard of firms that have sent a text to employees to say ...... Don't bother coming in today, we've closed. So quite clearly they can do it. Especially to the members of staff who haven't been there long.
Still pretty mean though isn't it.
Sorry posted on the wrong thread, thought it was the one where someone lost their job.Liverpool is one of the wonders of Britain,
What it may grow to in time, I know not what.
Daniel Defoe: 1725.
0 -
You need to see the actual transfer dated 1st July 2011 to see what the restrictions are.0
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