Covenant

[jbl11]

Hello everyone. I was hoping someone could give any advice on my piece of land. I will be going to see a solicitor but it would be nice to have some idea beforehand.
My parent's owned a house, along with a separate piece of land that was adjoining the house. When they bought this land from the Council years ago, there was a covenant agreed between my parents and the council, which stated that the field could only be used as a garden for the house.
"The Purchasers hereby jointly and severally covenant with the Vendor
that they will incorporate the land hereby conveyed in the curtilage of
their dwelling known as and being ***** aforesaid and use the same only as a garden"

When our parents passed away we split up the estate. My sister took the house and I took the field.
Now I am wondering about this covenant. My sister can no longer use it as a garden, because it doesn't belong to her.
Ideally I want to get planning permission and then sell the property, or perhaps develop it myself.

Any ideas please?

 

[rjm2k]

I believe you would have to get the council to lift the covenant and ALSO get planning permission (different depts which don't communicate with each other).

 

[jbl11]

Thanks.
I have already asked the council, who say that
"As to the procedure for seeking to achieve a removal of restrictive covenants, I regret that the Council cannot advise you, bearing in mind that the land in question is not now owned by the Council"

 

[rjm2k]

Councils are large beasts with many bits that don't know the other bits exist or communicate with themselves very well. It will be a matter of asking the correct bit, possibly their legal side?

 

[jbl11]

Yep, that response came from the principal legal officer

 

[rjm2k]

http://www.homebuilding.co.uk/advice/beginners/plots/restrictive-covenants

Apply to the Lands tribuneral and give them your letter from their principal legal officer. No idea about the process or cost though!

 

[jbl11]

Same legal officer just called me.. apparently we are already in breach (!) as the properties should be owned by the same person.
Think I need to get in touch with the solicitor that did the conveyancing.
Thanks for your thoughts

 

[rjm2k]

lol, that probably means they've gone and asked a minion, who actually knows what they are doing!

Think I need to get in touch with the solicitor that did the conveyancing.

Good luck, they don't like to admit they've messed up royally!

Who was the executor of the estate?

 

[jbl11]

Sister and me were executors, but I was living out of the country at the time so I was out of the loop with much of the paperwork etc.