restrictive covenant TP1 help

bing0

Hi there - I am buying a property and there is a transfer recorded in the title of the property. I have seen the transfer of part and it states that when the previous owner bought the property she entered into the transfer of part and the person who she bought the property from retained some land and the transfer of part under the restrictive covenants states that 'the transferee and successors in title cannot object to any planning or build with regard to the retained land'. I am having difficulty in understanding this and wondered if i should still buy the property. can anyone assist in explaining this type of covenant and any remedies. Thanks.

csnann

I'm no expert but it looks to me that they are planning to build something or sell the land as a building plot, which you would have no right to object to. If you agree to buy with that covenant in place, what kind of remedy do you expect?

Tom99

[FONT=Verdana, sans-serif]I very much doubt that such a covenant would be enforceable.[/FONT]
[FONT=Verdana, sans-serif]If the owner of the land applies for planning permission nothing can stop you submitting an objection to the planning authority.[/FONT]
[FONT=Verdana, sans-serif]If you do that what exact loss would the land owner claim you have caused them? None as far as I can see.
Any refusal of consent would be on planning grounds not because of your objection.
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davidmcn

Or you could just get someone else to object using whatever arguments you would have made. Worth bearing in mind though that neighbours don't have a right of veto anyway - the planning decision is made by the planning authority, and objections tend to be about the sort of thing the planners are already aware of.

Generally though you probably want to consider what development the neighbour has in mind (if they haven't already carried it out).