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 Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

Hi. Contained within the deeds to my house is permission to

Resolved Question:

Hi. Contained within the deeds to my house is permission to erect a petrol filling station and associated shop, this was to be an oil depot for supplying the housing estate with heating oil. The land it was to be built on was not then part of the plot where the house was later built (C1967). This permission expires upon the death of Prince Charles.
The wording of the permission leads me to believe that I could certainly build some kind of facillity for the retail of petrol, oil and any other merchandise which could be thought to be "associated" with this use. I am sure that current building regulations would prevent any bulk storage of fuel on the site.
To try to do so would be ridiculous but what I want to do is use the site for retail of new and/or used vehicles, specifically motorcycles - not cars.

The land concerned is a small (C 18m X 7m) plot to the rear of my house - it is currently used as additional garden for the house and is accessed by a driveway between two other houses not owned by me, my deeds give me right of access over this driveway.

I do not intend to have a "showroom" open to the public but to sell motorcycles over the internet and by appointment only.

My question is:-

Do you think my local authority could prevent me using the plot for this purpose and if so how?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

What you are talking about is a restrictive covenant - these are only "policed" by the person/land that benefits from them. As long as it does not specifically say you cannot operate a business from it then this restrictive covenant alone wont prevent you from using the land for a business. The restrictive covenant must be an affirmative statement, you cannot imply a wider interpretation to it.


The council's objection is an entirely different matter. The council have a planning department. Under the Town and Country Planning Act they could dictate that the designated use class of the land does not permit the operation of business or sale of motorcycles. You need to check the use class of your land and find out if it is designated for use as a business. If it is not you will need to apply to the council to see if you can obtain permission for this.

I look forward to hearing from you.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Upon closer inspection of the deeds that does appear to be correct - thanks

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Can you provide me with any further information on what the deeds and restrictive covenant say?

Do they contain a specific provision that prevents you from carrying on a business?

Kind regards

AJ

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