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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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, we have a restrictive covenant on our land. It states that

Customer Question

Hi, we have a restrictive covenant on our land. It states that it is for neighbouring and adjoining property and that we need to seek consent for any works requiring building / planning permission.
1.The two properties either side of the land are no longer owned by the transferor. Does this make the covenant obsolete ?
2.Does neighbouring mean further away than the physically adjacent land ?
3. If the covenant clearly states we only need consent can they charge a fee ?
Thanks in advance.
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:

1: No it does not.

Customer:

2: It probably means the physically adjacent land, unless there is something about the context and location or the covenant itself that would make it mean more. "Neighbour" is an imprecise word which really should have no place in a covenant of this nature. The covenant should identify the land that benefits and those should be the people you contact. It is probably wise to err on the side of caution.

Customer:

3: I don't see why they cannot charge for giving consent.

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