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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3493
Experience:  Solicitors 2 years plus PQE
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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: 8 months ago.
Category: Law
Expert:  Alex J. replied 8 months 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 8 months 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 8 months 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

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