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Matt Jones, Solicitor
Category: Law
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Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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As an investment I wish to buy from liquidators the covenant

Resolved Question:

As an investment I wish to buy from liquidators the covenant rights of future development on land I do not own. Is this possible/usual?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

For Nicola - quite happy to wait. Warren

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

please continue

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Thanks. I will wait. Warren

Expert:  Matt Jones replied 2 years ago.
Hi could you explain the situation a little more? What are you hoping to purchase and why?
Customer: replied 2 years ago.

What I really want to do is prevent building on land next to mine. The adjoining land has a covenant for agriculture only. However the covenant is in favour of a company in liquidation. When the company is dissolved I anticipate that the land will be built on. What are my options to preserve the covenant which I assume "runs with the land"?

Expert:  Matt Jones replied 2 years ago.
it is an interesting question. For a covenant to be enforceable it must "touch and concern" the dominant land to which is it attached. So for example if the original covenant was put on, and the company (about to go into liquidation) owned the neighbouring land on the other side to you, then the covenant could be said to "touch and concern" that land. The only way that you would effectively be able to enforce that covenant once bought, is if the company owned your land as well and you bought it off them in the first place before the time the covenant was originally put in place.
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience: I am a qualified and practising Solicitor with over 7 years post qualification experience
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