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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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My company owns a parcel of land it purchased with a condition

Customer Question

My company owns a parcel of land it purchased with a condition to build a new garage for a neighbouring property (owned by the original vendor of the land). There is a clause within this contract that states:
"Not to resell the property without drawing to the notice of the new buyer the conditions, covenants and restrictions contained in this agreement and the Seller shall be entitled to protect himself against such an occurrence by registration of a notice recording these restrictions at H M Land Registry."
My company does no want to resell the land. My questions are:
1. This clause allows us to resell the land - correct?
2. If we draw "to the notice of the new buyer the conditions, covenants and restrictions contained in this agreement" is the new buyer then automatically legally responsible for the build of the new garage; or is it a necessary to get the original vendor to agree to some additional contractual arrangement such that there is a 'novation' of this obligation from our company to the new buyer?
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
wingrovebuyer : Hello. Was this Agreement the Transfer (headed TR1 or TP1) and did you specifically covenant to build the garage?
JACUSTOMER-fv6k7jvp- :

The Buyer hereby further agrees and covenants with the Seller as follows:-

15.1 To complete all work necessary to build a double garage for the Seller in accordance with plans etc.

JACUSTOMER-fv6k7jvp- :

No the agreement was not headed TR1 or TP1 is was simply headed 'agreement for sale' with a clause within contract as follows................

'The Buyer hereby further agrees and covenants with the Seller as follows:-

15.1 To complete all work necessary to build a double garage for the Seller

wingrovebuyer : Thanks. Sorry for the delay but I've had a problem with Internet access. First, you can sell the land, but in doing so you need your buyer to covenant with you in the conveyance that they will observe and perform the obligations to build the garage. In essence, this passes on the obligation, and that is all you need do. Best wishes, WB

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