UK Property Law

Get UK Property Law Questions Answered by Experts

Ask an Expert,
Get an Answer ASAP!

UK Property Law
This answer was rated:

A limited company is the owner of a strip of land (A) within

England. This land is potentially...
A limited company is the owner of a strip of land (A) within England. This land is potentially restricted by covenants dating to the 19th century. The covenant requests that no excavation is made within land (A) so to not dimish service supply to what was once a functioning piece of industrial machinery on another strip of land not owned by our limited company.These covenants serve no use or function as of 2017, nor have done for over 50 years, due to the industrial machine have been demolished/closed within the past 100 years.Upon application to cancel the restrictive covenant to HMLR, we are informed that the application cannot be entertained as applied for due to the following reasons:A. It is insufficient on its own to remove the covenants due to the machinery which had the benefit of the covenant being demolished.
B. HMLR can only entertain the application if one can precisely identify all of the benefitting land and then get the respective owner to join in a Deed of Release.HMLR acknowledges that due to the date of the deed, this may be difficult to do (1800-1900).HMLR suggests we may also want to consider to apply for an order of the Upper Tribunal (Land Chamber).-My questions therefore are:
A. Why is the fact that the machinery for which the covenant was invented/applied, that now no longer exists, not considered to be sufficient in itself to nullify it?
B. Is there an alternative method to cancelling it that may be a suitable and cost effective path to achieve the same measure?We do not believe this will stop development for reasons that are quite obvious to those familiar with the case. But in light of good practice we are hoping to cancel said restrictive covenants regardless.Kind regards.
Show More
Show Less
Ask Your Own UK Property Law Question
Customer reply replied 3 months ago
Please note that i believe the property which benefits from the covenant, is now owned by 1 person or company, but I am keen - whereever possible - to avoid ringing a bell to attract attention to the removal of said covenant as development can often kick up unwarranted negative coverage.
Answered in 1 day by:
9/11/2017
Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Do you have a copy of the title document you can upload?

Ask Your Own UK Property Law Question
Customer reply replied 3 months ago
Hi Joshua,Yes, I do, will it only be visible to the two of us though (contrary to the general public)?

This thread is not secure so privacy is not guaranteed. I can let you have my email address if you prefer? The only downside is that communicating by email is treated as a "premium service by the site" but I can specify the minimum fee which is about £3 so as not to substantively increase the cost to you. Do let me know if I can assist any further.

Ask Your Own UK Property Law Question
Customer reply replied 3 months ago
That is fine, I'm able to pay the £3 fee.

I'll send over an offer in a few moments...

Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified
Joshua and 87 other UK Property Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
Just went from £3 - £5, but in light of time I have sent it regardless.Emailing you now, thanks.

Many thanks - my email address should be visible. If you can kindly drop me an email with the document attached?

Ask Your Own UK Property Law Question
Customer reply replied 3 months ago
Hi joshua, I have sent you an email with 2 x attachments. Best

Many thanks. For the avoidance of doubt, the covenants you refer to are those set out in entries 1 and 2 of the charges register?

Ask Your Own UK Property Law Question

Thanks. There are only a number of ways in which restrictive covenants can be removed. The only relevant ways here will be by way of an express release from the beneficiary of the covenant or by way of an application to a Upper Tribunal under the Law of Property Act 1925 for an order that the covenants are released on the grounds they are obsolete because of a change n character of the burdened land and/or that they are impeding the reasonable use of the land.

However such application can take upwards of 3 months even if uncontested and much longer if they are contested.

The wording of the covenants does not satisfy the test laid down in Crest Nicholson v McAlister so as to give rise to statutory annexation. In other words the wording of the coventnats at entries 1 and 2 does not appear sufficient to bind you as a successor in title because in particular it dos not identify the land which is to benefit from the covenant. Accordingly they are unlikely to bind any persons beyond the original parties at this point because the above decision decided that in order to bind successors i title, amongst other things the wording of the covenant had to identify the benefiting land. Acordingly an application to the Upper Tribunal is unlikely to be worthwhile as the covenants are no likely to be enforceable.

If you are considering significant development at the property you may wish to consider a bespoke indemnity insurance policy from a broker such as CLI or GCS which will cover any potential minor risk and smooth out any issues a buyers solicitor may raise. Such a policy should be obtainable for a one off premium of low to medium triple figures for a single dwelling development with incrementally higher premiums for each additinal dwelling.

You will have noted there are further restrictive covenants contained in a deed at entry 3 of the charges register which would need to be examined to confirm what further covenants bind the land in addition to the above.

Is there anything above I can assist you with any further?

Ask Your Own UK Property Law Question
Customer reply replied 3 months ago
Thanks Joshua,For the avoidance of doubt:
can you confirm that the beneficiary of the covenant is the current owner of the site plot which contained the former mill?"However such application can take upwards of 3 months even if uncontested and much longer if they are contested."
Is the right to contest, limited to the owner of the plot of land which contained the mill only, or is the general public able to contest?For the avoidance of doubt:
"it does not identify the land which is to benefit from the covenant. "
It identifies the name of a former local mill, since demolished/made redundant. I have little doubt in knowing that you noted this, therefore is the covenant not sufficient per Nicholson v McAlister because it does not refer to the original plot boundary but rather just the location of a mill?

Only parties who claim to benefit from the covenant can contest the claim. Members of the public can given evidence as part of any proceedings but the Tribunal cannot extend the covenant to benefit parties that do not already benefit from it.

The wording of the covenant does not coform to the tests laid down by Crest Nicholson. You are of course correct to sat that the Mill is mentioned, but it is not mentioned as being the land that benefits from the covenant. Rather it is referenced as being the subject of the covenant. In order for a covenant to be beinding upon successors in title the covenant has to be expressed to be for the benefit of land with a sufficient description to be able to readily identify it. Neither of these covenants contains such preambles. It would be a departure for any court to infer that the covenant suffices the tests laid down in Nicholson but there is always a risk with regard to any litigation, hence my suggestion that you consider an indemnity insurance policy which may be a better use of your time and money than an application to a Tribunal for removal of a covenant which action would likely preclude your being able to obtain indemnity

Ask Your Own UK Property Law Question
Customer reply replied 3 months ago
Thank you, ***** ***** development figure will be circa 40. Therefore I expect the insurance costs will be significant. What are the approximate costs for a Tribunal?I am also weighing up proceeding with development and just acknowleding that no attention need be paid to cov.1 & cov.2 due to these discoveries and the redundant nature of them.I am happy to close the thread following this unless you have further advice which i would of course welcome.

May I clarify - £40K or £40m?

Ask Your Own UK Property Law Question
Customer reply replied 3 months ago
40 units.

Do you have an estimate of development costs? I assume you have checked the other deed I refer to to confirm what further restrictive covenants are in place? Have you obtained a quote for indemnity insurance?

Ask Your Own UK Property Law Question
Customer reply replied 3 months ago
1. Yes, £10m.2. I will forward you other covenants as fyi now. You can extend your quote if necessary.3. We have only tendered/requested basic derelict land insurance at present; very early in process still.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Ask Your Own UK Property Law Question
Ask Joshua Your Own Question
Joshua
Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
26,070 Satisfied Customers
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice

Joshua is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Aston Lawyer

Aston Lawyer

Property Solicitor

1,736 satisfied customers

LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law

Thomas

Thomas

Lawyer

1,336 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Clare

Clare

Solicitor

1,324 satisfied customers

25 years exeperience

INC

INC

Solicitor-Advocate

812 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Alex J.

Alex J.

Law

447 satisfied customers

LPC, 2 Years Conveyancing

Buachaill

Buachaill

Barrister

282 satisfied customers

Barrister 17 years experience

Matt J

Matt J

Solicitor

216 satisfied customers

LLB(HONS)

< Previous | Next >

Related UK Property Law Questions
I have been going through the old deeds for my property and
I have been going through the old deeds for my property and have come across one entry which relates to some property and land that my late mother sold in 1998 . I have come across the transfer plan w… read more
Nick H
Nick H
LLB
120 satisfied customers
We are managing agents for a site in East London that is a
We are managing agents for a site in East London that is a mixture of flats and house all of which have to pay a service charge. 2 properties owned by the same person have not paid their service charg… read more
Jamie-Law
Jamie-Law
5,098 satisfied customers
How much do you charge, as I'm a one parent family? Still
Hello, how much do you charge, as I'm a one parent family? Still need assistance though? … read more
Clare
Clare
Solicitor
Bachelor's Degree
1,324 satisfied customers
My septic tank is on the golf course. It's been there since
My septic tank is on the golf course. It's been there since around 1900. They appear to have done something down there and now it's not working.they say unless my deeds show access they own the land a… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,098 satisfied customers
As I am claiming for Property taken on 12/07/14 do I add
As I am claiming for Property taken on 12/07/14 do I add interest to the Claim . Regards John… read more
Jamie-Law
Jamie-Law
5,098 satisfied customers
My friend wants to let his property as he is now relocating.
Hi my friend wants to let his property as he is now relocating. To save costs he doesnt want to go through a letting agent. He wants to know if the tenant did not pay rent does he have the same author… read more
Aston Lawyer
Aston Lawyer
Property Solicitor
LLB (HONS)
1,736 satisfied customers
I have a buy to let house worth about 355000 purchased in
Hi. I have a buy to let house worth about 355000 purchased in 2006 for 312000. I am splitting title into 4 leasehold flats under a ltd co umbrella . The building work was done over 10 years ago but no… read more
Mr Jardine
Mr Jardine
Bachelor's Degree
156 satisfied customers
My solicitors applied to the county courts for a debt
My solicitors applied to the county courts for a debt recovery of £10,800 for a service they say they provided. I requested the court for a stay of any hearing as I had lodged a complaint against the … read more
Jamie-Law
Jamie-Law
5,098 satisfied customers
I have converted my loft recently. I have put in a staircase
I have converted my loft recently. I have put in a staircase tooI believe all the work I have carried out would meet building regulations however I have not been in touch with anyone to show the work … read more
Nick H
Nick H
LLB
120 satisfied customers
A communal waste pipe that flows down our block of flats (3
A communal waste pipe that flows down our block of flats (3 levels) recently came loose and the loose section of pipe was in our flat (although boxed away and untouched for 4 years). Apparently recent… read more
Joshua
Joshua
Lawyer
26,070 satisfied customers
UK landlord law What can a landlord do if the tenant does
UK landlord lawWhat can a landlord do if the tenant does not pay rent ? and the landlord is not in the UK to deal with it ?Can lawyers/estate agents deal with it?Many thanks… read more
Nick H
Nick H
LLB
120 satisfied customers
I am a freeholder and have just realised that my
I am a freeholder and have just realised that my long leaseholders have inadvertently breached their lease. Their lease specifies that they cannot make objections to any of my planning applications. T… read more
Nick H
Nick H
LLB
120 satisfied customers
What is the notice period that should be given after being
What is the notice period that should be given after being in the property for longer than one year?… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,519 satisfied customers
I have a loan agreement with an individual whom I leant some
I have a loan agreement with an individual whom I leant some money 10 years ago for him to buy his flat … read more
JimLawyer
JimLawyer
GD Law
73 satisfied customers
My neighbour wants to come onto my property to do some
my neighbour wants to come onto my property to do some maintainence to the flank wall and roof of the extension he has recently built on our shared boundary. I dont want him on my property unsupervise… read more
Jamie-Law
Jamie-Law
5,098 satisfied customers
I am registered owner of a property with a mortgage but with
I am registered owner of a property with a mortgage but with manipulation my ex inlaws managed to get signature on trust deeds giving them the complete financial benefits from that property. Recently … read more
Clare
Clare
Solicitor
Bachelor's Degree
1,324 satisfied customers
Denning, with my 1/3/2012 accepted question. Original
Dear Law Denning, Please follow up with my 1/3/2012 accepted question. Original Question URL: http://www.justanswer.com/uk-property-law/61pnu-concerned-electrics-flat-ask.html… read more
James Mather
James Mather
9,081 satisfied customers
My neighbour has a right of way over my drive so that she
My neighbour has a right of way over my drive so that she could, if she dismantles a moveable fence at the top of the drive, enter her garden that way. She has not exercised that right in about 10 yea… read more
Jamie-Law
Jamie-Law
5,098 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x