How JustAnswer Works:

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

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

We purchased some land in 2008 which contains a overage provision

Resolved Question:

We purchased some land in 2008 which contains a overage provision in the transfer deed stating 'the open market value of the freehold interest in the chargeable property is currently and will forever after be used as a holiday park to include chalets and other similar holiday accommodation permitted on the property by the Local council with no possibility for alternative uses. The council have provided us with a change of usage to residential and we are selling part of the land with a bricks and mortar property. Do you think that this clause restricts the property as being used for residential purposes?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

When was the overage provision put onto the deeds?

Was it included in the 2008 transfer or had it been put on for a long time before that?

Who has the benefit of the provision?

Are you sure that's the right and complete wording because it refers to the use and open market value which doesn't make sense.
Customer: replied 2 years ago.

Hi Jo,


 


It was included in the 2008 TR1 and the transferors have the benefit of the provision


 


Yes the wording is definitely correct


 


Many thanks

Expert:  Jo C. replied 2 years ago.
The wording is very unusual I am not certain why there is the reference to the open market value in clause which is a restrictive covenant.

To say that the open market value will be used as a holiday park is a nonsense.

The whole clause may be void for uncertainty in which case you can do what you like with it.

The general rule is that if there is any dispute over what something means, the court will either interpret or strike it out completely.

The clause is clearly intended to prevent the use for residential purposes and unless whoever put the benefit of the provision on to the transfer deeds is willing to release it, it could be a very expensive court battle the outcome of which could really go either way.

At this stage in time, the easiest way of dealing with this would be to speak to the solicitor that dealt with the purchase for you because clearly, if he agreed this wording.

The next thing to do would be to speak to whoever you bought the land off because they are the ones that would bring any litigation you would have to defend.

I'm sorry that I can give you a definitive answer but the wording of the clause is so vague that it is impossible to do so.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • 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! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • 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!!!! Alex
  • 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. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions