Q:If there is anyone out there that can offer assistance to the following I would be most grateful.
I have some land in Milton Keynes that a Developer wants to purchase, it would seem that the developer owns the option on all of the surrounding land. The land, with any luck will be included in the 2011 plan for development by the council.
The problem is that the land has Restricitive Covenants (Aggriculture Use) put on in 1953 ish.
We have a Land Agent that has found that there is only one person benifits for the restriction. This person is not answering any of the agents letters. She has given the agent her lawyers details but she is not answering their letters either.
What steps can we take if any to release the restrictions and sell to the developer?
Am I right in thinking that if the council approve planning for all of the land including my piece, the restrictions are void?
It would be nice to know before things start to cost a lot of money to progress.
Many thanks in advance…..
Jim
Re this point …
Am I right in thinking that if the council approve planning for all of the land including my piece, the restrictions are void?
Usually, no. The two are quite different. Planning relates to the way in which the land might be developed whilst complying with Planning Law.
The covenant is a private, civil matter between two parties – the one with the obligation to observe the covenant and the other, who has imposed the covenant. This includes – where the wording requires it – their successors i.e. those who bought the land after the covenant was agreed.
Having said that … is there any mention of a s106 agreement? These were private agreements entered in to by a council and a landowner and often impose obligations relating to the change of use – especially agricultural land. If so, then it might be that the granting of planning permission (by the local authority) could give a way out of the covenant.
But … I must emphasise … these things are wholly dependent on the precise wording in the deeds.
To be honest …. you need specialist advice here. It really is outside of the expertise of the average internet message board.