Exclusion clauses when selling off part of a garden

Jean_Haines

My neighbour has sold off part of his garden and on the Form TP1 (transfer of registered title) it is clearly stated that if the land is built on, only a 'single detached dwelling' would be permitted. The land has been acquired by a developer and he wants to put more than one house on the land, even though the agreement expressly states that this is not permitted. How do we enforce the exclusion clause to stop any more than one house being built? This is a new agreement, surely legally binding so how do we make sure he doesn't get away with it? Do we have to go to court or would a solicitor's letter be sufficient?

davidmcn

Jean_Haines wrote: »

My neighbour has sold off part of his garden and on the Form TP1 (transfer of registered title) it is clearly stated that if the land is built on, only a 'single detached dwelling' would be permitted. The land has been acquired by a developer and he wants to put more than one house on the land, even though the agreement expressly states that this is not permitted. How do we enforce the exclusion clause

What do you mean by "we"? Are you including the neighbour? It sounds like the clause is for the neighbour's benefit, not yours.

eddddy

Jean_Haines wrote: »

My neighbour has sold off part of his garden and on the Form TP1 (transfer of registered title) it is clearly stated that if the land is built on, only a 'single detached dwelling' would be permitted. The land has been acquired by a developer...

Do you mean the neighbour sold to somebody, and then the developer subsequently acquired the land?

Or do you mean that the neighbour sold to the developer?

And did the neighbour use a solicitor, or do a DIY conveyance?

SmashedAvacado

If you were not the neighbour then you dont have any right to enforce the restrictive covenant preventing multiple dwellings. Your neighbour does have that right. You could perhaps ask your neighbour to remind the developer about their obligations - or help fund the neighbour in getting an injunction to stop it. you could put an objection into the planning application based on why you dont actually want multiple dwellings - and get your neighbour to put one in on the basis that have no right to build more than one dwelling.

G_M

Were you party to the agreement regarding not building more than one storey?

If not, you cannot enforce it.

Only the beneficiary of the agreement - probably the neighbour (and his successors in Title?) - can enforce.


But we'd need to see the agreement. I imagine the wording on the TP1 is justt a resume of some greater document, Deed or Conveyance.

Tom99

SmashedAvacado wrote: »

If you were not the neighbour then you dont have any right to enforce the restrictive covenant preventing multiple dwellings. Your neighbour does have that right. You could perhaps ask your neighbour to remind the developer about their obligations - or help fund the neighbour in getting an injunction to stop it. you could put an objection into the planning application based on why you dont actually want multiple dwellings - and get your neighbour to put one in on the basis that have no right to build more than one dwelling.

[FONT=Verdana, sans-serif]By all means object to the planning application. I am sure you could find lots of valid reasons, however a restrictive covenant would not be one of them and that reason would be ignored by the Planning Dept.[/FONT]