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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10408
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have a small plot of land which has an "uplift covenant" any change of use val

Resolved Question:

I have a small plot of land which has an "uplift covenant" any change of use value to build dwelling on etc !, There are two transferor's on the document TP1 land registry Title {Mr A & Mr B} Mr A the Transferor's is willing to take off this clause which will include a small payment per house {depending if planning permission is granted}, the uplift agreement will be at its end in December 2016 including the change "per dwelling" to be concurrent!. ~ My question is if I were to pay off Mr A ~ will I need to pay MrB ? as both are on the TP1 land registration Title.
If just the one transferor accepts this agreement will it be a final payment at this stage, will I need to also pay Mr B?
Will Mr B have any rights to pursue any remunerations from myself?
Thank You
Gary
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hi Gary and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am afraid he will certianly need Mr B's consent/agreement, as he has an equal entitlement under the overage/uplift agreement. If you were to pay off Mr A alone, Mr B could still enforce the uplift provision, so you would be in a worse position than you are now!

On a side point, it would be normal for their interest in the property to be registered as a Restriction on your title. In order to remove such a Restriction, Mr A and B would need to sign the appropriate Land Registry form withdrawing this Restriction from your title.

I hope this helps and sets out the legal position.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10408
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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