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: 3756
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

Can a landowner impose a restrictive covenant on freehold land adjoining his land not to l

Customer Question

Can a landowner impose a restrictive covenant on freehold land adjoining his land not to let or sublet the property on sale of the land as a building plot
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. Does the landowner own the adjoining piece of land? Is the restrictive covenant already in place or does the land owner want to sell the property with the restrictive covenant? Kind regards AJ
Customer: replied 1 year ago.
Yes he does own the adjoining land with his own house on it. There is no restrictive covenant re this at present he wants to include it in an option to purchase and subsequently in the transfer on sale
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. The freeholder is at liberty to include a restrictive covenant in the sale of the property - the covenant can be detailed as a condition of the option, but it will have to be included in the conveyancing documents when the sale of the property is registered at the Land Registry. The restrictive covenant should appear on the on the title of the property after it is sold - as long as it is detailed in the contract for the sale of the property and/or thr transfer deed. Until he actually sells the property there is not much point in including the restrictive covenant on the title. The restrictive covenant should be worded so that it benefits the adjoining land and can be enforced by the land owner. Kind regards AJ