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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Would a signed letter undertaking to carry out an activity

Resolved Question:

Would a signed letter undertaking to carry out an activity (in this case maintain an area of land as suitable for a protected species) be legally binding?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Could you explain the situation a little more please?

Customer:

I am an ecologist working on a site where a protected species is present. I am working for the developer who needs to obtain a licence from Natural England (a government body) in order to develop the site. In order to issue the licence they need a guarantee that part of the site will be managed as suitable for this species. Natural England would not enter into ant legal agreement with the developer. If the developer were to supply a letter stating he would manage the site for this species would this be legally binding?

Alex Watts :

Whilst it would not be concrete, it certainly gives a indication

Alex Watts :

It is something you could sue on

Alex Watts :

Ideally you would want a proper detailed written document rather than a single sided leter

Alex Watts :

letter

Alex Watts :

But yes it is something you could potentially sue on

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Great, that's very helpful. thank you. Would such a letter be stronger if it was countersigned by the developer's solicitor?

Alex Watts :

Not necessarily countersigned but witnessed by the Solicitor.

Alex Watts :

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Customer:

Ok, that is very useful. Thank you, XXXXX XXXXX leave feedback.

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