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leanne-jones
leanne-jones, Barrister
Category: Property Law
Satisfied Customers: 183
Experience:  Barrister
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If a field has been willed to the public as use purely for

Customer Question

If a field has been willed to the public as use purely for recreational purposes, can the will be overridden by the local council for development on the said site?
Submitted: 4 years ago.
Category: Property Law
Expert:  leanne-jones replied 4 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

Is there a covenant on the land to say as such?
Customer: replied 4 years ago.

Not sure if there is a covenant on the land but I will search that out and if you could give me the information either with and without covenant issues I would be grateful.

Expert:  leanne-jones replied 4 years ago.
Sure. If there is a covenant on the land the no, the council can not do anything. This is because the covenant will stop the council from developing the land.

If there is no covenant on the land then yes the council can. Because something had been willed, does not prevent development. There has to be a covenant to prevent development.

Therefore the answer is in the detail of the deeds to the land.

I hope this answers your question and if I can be of any further assistance please do not hesitate to contact me.

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