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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25494
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I want to put a restrictive covenant on my deeds inhibiting

Resolved Question:

I want to put a restrictive covenant on my deeds inhibiting a ghastly neighbour from buying a small parcel of land that I own. is this possible?
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify do you mean preventing the neighbour bnuying were to sell the land on or do you mean preventing him from buying whilst you are the owner please?

Customer:

When I am dead or have sold my house and no longer live there.

Joshua :

Unfotunately it is not possible to achieve this by way of a restrictive covenant because you cannot specify that land cannot be sold to a particular party.

Joshua :

You could potentially achieve your aim by placing the parcel of land in question into a trust.

Joshua :

The trust could provide that the land is used and enjoyed by a person or organisation of your choosing for up to 125 years and then pass to a third party. Alternatively the trust could provide that the land can only be sold to certain classes of people or organisations. Either approach could effectively prevent the land from being sold to a third party which you exclude

Joshua :

The above is not entirely straightforward to set up but a solicitor experienced in trust work could deal with this for you.

Joshua :

Is there anything above I can clarify for you?

Customer:

Is this the law in the UK? The date replies were sent is an americanised figuration.

Joshua :

sorry for the delay in reverting to you. Yes I am a lawyer based in the south of England. The website itself is based in the US but this particular section is staffed by UK solicitors and barristers and the above relates to the law of England and Wales

Joshua :

is there anything else I can help you with?

Customer:

Thank you and yes please. It is a new related question, do I have to pay more??? If I don't want a wall between myself and this recalcitrant neighbour, do I have to have one and if he does ant to build a all would he do this on his own land rather than on the bit we share???

Joshua :

the neighbour is entitled to build a wall on his own land however he may not build a wall over the boundary between your land and his. He is entitled as above to build a wall or direct a fence on his land within his own boundary up to 2 m in height without the need to apply for planning permission unless the location he wishes to rectal wall is adjacent to a highway in which case he is limited to 1 m in height

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua and other Property Law Specialists are ready to help you

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