You say that you bought the house and the land using 2 different solicitors and that you knew about the covenant on the house but not on the land.
The deeds of the land to see whether there is a restriction in place on the land because, just because it’s on the house does not necessarily mean it is on the land.
If it is on the land you potentially have a claim against the solicitor the solicitor did not advise you of this
The limitation period to bring a claim in negligence or breach of contract against the solicitor is 6 years from the negligent act or 6 years from the date of knowledge if that’s later subject to a long stop date after which you can’t bring any action regardless, of 15 years.
If this were to go to court, the first matter To be decided will be whether the negligent solicitor, if he has been negligent, can rely on the statute of limitation.
We don’t know who has the benefit of the covenant and if it has been around for a long time, that person may no longer be around. It may be the land was part of the neighbouring land and the covenant was placed on by the neighbour at the time in which case, the new neighbour would seek to enforce the covenant.
A restrictive covenant must be no more than is required protect the neighbouring land with the benefit of the covenant and in this case, that is probably satisfied.
Before a restrictive covenant is no longer enforceable, it has to be breached continually for 20 years without objection.
What does not help anyone who has the benefit of the covenant is if they have stood by and watched you run this even if less than 20 years, and they have let you apply for planning permission and incur costs without doing anything. That could be deemed to be acquiescence you are doing.
You ask whether you would be able to sue the lawyer and the lawyer has been negligent and they have partly answered that for you. The other issue is the amount of loss and whether the loss would be reasonably foreseeable. If you told the solicitor what you intended to do with the land orthat you were just going to do something commercially, then you havea good claim for everything this has cost you potentially including the purchase price of the land or if it’s no use to you now, and you have to sell it and sell it at a loss, any loss in value.
If you can attach the land registry title deed to the land, I can have a look at it for you.
Can I clarify anything else for you?
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