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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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how do i get get a covenant changed from agriculture to eq

Resolved Question:

how do i get get a covenant changed from agriculture to equestrian
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.

 

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following using the same numbering:-

  • 1. Is this in relation to land
  • 2. What is the covenant
  • 3. Have you contacted the person who originally imposed the covenant?

Kind regards.

Tom

Customer: replied 5 years ago.
hi the covenant says agriculture only it does relate to land without having the transfere docs in front of me i cant really say what it states completely how ever i do know when we bought the land we were told by the person we bought it off that the land could be used for agriculture orticulture and leisure however we have learned without goin into to much detail that its only agriculture whilst not undrstanding all this at the time we aplied for planng permission 5 years ago for stables and menage and got the permission so we built them now after a few things have come to light i am wooried about the covenant
Expert:  Thomas replied 5 years ago.

Hi,


Thanks for your question.


Only the original owners of the property who imposed the covenant or the Lands Tribunal can alter, remove or modify the covenant. You need to contact the original owners (if you can) and ask if they are willing to negotiation the alteration of the covenant for your purpose. If they are then you should see a solicitor about making sure the alteration is registered against the title to the property.

 

The alternative, if you cannot trace the persons who imposed the covenants then you can apply to the Lands Tribunal to have the covenant modified or removed, but this is a lengthy and expensive process and often with no cast-iron guarantee of success:-

http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/lands/index.htm

 

You would also probably need a solicitor or surveyor to act on your behalf.

 

If the covenant is very, very old then you may take the view that the owners or their successors in title will not be able to find out that you have breached the covenant and decide to proceed in any event. If you breach the covenant then 12 months later you will probably be able to take out a Restrictive Covenant Indemnity Policy to cover you against the costs of enforcement action being taken by the original person who imposed the covenant.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas and other UK Property Law Specialists are ready to help you
Expert:  Thomas replied 5 years ago.

I note you have not clicked accept to my answer. Is there any further information you require?

If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me and you will not be charged any further money simply by clicking accept.

Please click accept.

Tom

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Customer: replied 5 years ago.
hi if i built the stables 5 years ago whats the likelyhood of me being caught out now and can i keep horses stables and a menage on agricultral land
Expert:  Thomas replied 5 years ago.
Well, I would have thought that the person who imposed the covenant would have spotted it by now if they were going to.

In any event you should ring insurers (eg. Zurich) and take out a Restrictive Covenant Indemnity Policy.

Thanks for your accept.

Kind regards,

Tom
Customer: replied 5 years ago.
can i keep them on agricutal land if i have other animals ie chickens goats sheep alpacas and i also make my own hay or would i still have to go for change of use
Expert:  Thomas replied 5 years ago.
I'm afraid I'm not too sure on that I'm afraid, I'm out of the office and on my phone and can't research it at the present time unfortunately.

Sorry.

Tom
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