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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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My house borders onto 3 fields used privately by the landowner

Customer Question

My house borders onto 3 fields used privately by the landowner to accommodate his 3 horses. He has occupied the land for over 10 years for this purpose but approaching retirement he has applied for planning permission to build a single dwelling for himself.
I have no objection to this proposal but have expressed concern that as his proposed house effectively is outside the current village boundary he or a future purchaser of the property may apply for planning permission for more development on the fields.
The land owner has stated that he is prepared to provide assurance to me by placing a covenant on the land to exclude such future development and has written an e-mail to me setting out this proposal.
How would this actually be implemented? Also could I support his planning application to the Local Authority for this single dwelling subject to the condition that such a covenant is executed?
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

A restrictive covenant might well provide you with the protection you need. In order to be valid it mus be in writing and it must place a burden on the land of the covenantor that must provide a direct benefit to the land owned by the covenantee ( you in this scenario). If a future purchaser can argue convincingly that further building will not adversely affect your land then the covenant will not be enforceable but if you can show it would aversely affect your land then it would be. This is likely to turn on specific local factors like size of land, closeness and size of planned buildings etc. These are complex matters and it would be very sensible or you to instruct a solicitor in the usual face to face way to advise on this.

Customer:

I don't understand why you have given me a poor rating. Is there any more information you want?

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