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 Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10227
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

I have just won at auction, a plot of land advertised as a

Resolved Question:

Hi - I have just won at auction, a plot of land advertised as a building plot, with an agreement in principle from the council for a 3 bed house. My solicitor has now told me that there is a restrictive covenant potentially denying me the right to build. This was in the legal pack, but is unclear who benefits from the covenant. I do not want to proceed - what costs am I likely to have to pay , and what further action may the seller take?
Submitted: 5 months ago.
Category: Law
Customer: replied 5 months ago.
I have only paid the deposit so far.
Expert:  Aston Lawyer replied 5 months ago.

Hi, thanks for our enquiry. If you do not proceed and complete, you will of course lose your Deposit, I'm afraid. The Seller would also be entitled to ask you to complete, and if you do not, they could take you to Court and ask you to "perform the Contract" (ie ask that you pay the balance of the purchase price). This rarely happens as it will cost the Seller thousands of pounds to take any such Court proceedings, and normally a Seller will keep the Deposit and then they are free to re-sell the property to a third party. I hope this assists and sets out the legal position. If I have helped, I would be grateful if you could rate my answer. Kind Regards Al

Customer: replied 5 months ago.
Thank you. Does the fact that the plot was advertised as a building plot (when their own deeds state it cannot be) not suggest some kind of misrepresentation?
Expert:  Aston Lawyer replied 5 months ago.

Hi, I'm afraid not- it is up to any Buyer to investigate the legal title. The Seller/Auctioneer have not lied, by saying it is a building plot, as it is, subject to obtaining any required consent under the restrictive covenant. Sorry. Kind Regards Al

Customer: replied 5 months ago.
I understand. Though how can I check who has the benefit of the covenant. Will it just be the neighbouring properties from when the development was first built? The land in question was sold by the original developer to the first purchasor many years after the original purchase, and after the (small) development was completed.
Expert:  Aston Lawyer replied 5 months ago.

Hi, thanks for your reply.

I believe I have answered your original question. I am happy to assist further, if you could first of all rate my answer.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10227
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you

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