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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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How can we find out about the restrictive covenants on a

Resolved Question:

Hello,
How can we find out about the restrictive covenants on a deed placed on original green belt land - reference: MM83331 (Eastings 418765, Northings 285250)
and the previous owners from 1986 to 2016.
The Information From the Charges Register we have received today:21.04.17 - The land hatched brown (MM83331) is subject to rights granted by a Deed dated 1 May 1992 made between (1) Bryant Clayform Properties Ltd. (2) Esso Petroleum Co Ltd and (3) Nat West.The said Deed also contains restrictive covenants by the Grantor
Submitted: 2 months ago.
Category: Property Law
Expert:  Joshua replied 2 months ago.

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

May I clarify that you wish to know what restrictive covenants affect a piece of land and also you want to know who owned it previously?

Customer: replied 2 months ago.
Hello Joshua,
Land Title in green hand written onto the plan MM83331.
Thank you for your prompt response - we hope you may be able to help us.
It's all VERY complicated:
Yes, that is correct - we have been unable to find out who has owned this parcel of land since 1986 to 2016.
H.M. Land Registry have provided information to me this morning stating that Prologis purchased this land in January 2017, from Birmingham Business Park.
? Birmingham Business Park owners now could be Canmoor/ JCam/ Black Rock - Originally Arlington Securities, when constructed in 1986.
The developers (U & I & Prologis) PL/2016/02001/PPOL & (PL/2017/01509/PPRM) application states that SMBC were the owners of this land - no one else was registered on their application form as having a vested interest?
Solihull Metropolitan Borough Council state that this is a standard form because of crossing our lane for access, before allowing a total of SIX huge Industrial/Warehousing/Distribution units to be built with over a thousand HGV movements 24 hours per DAY, 365 days per year - directly in front of our homes! We believe this will cause us tremendous harm from noise & mainly from Air pollution.
Sorry if I've confused you?
Really hoping someone with planning law knowledge can help us.
Kind regards,
Sue Whitcomb***@******.***
07764 863352
Expert:  Joshua replied 2 months ago.

Thanks. Do you know when the land was first registered? Are you seeking this information for the purpose of objecting to a plannint application?

Customer: replied 2 months ago.
we understand that the Chief executive DOES have the power to revoke the original outline decision if he believes it was maladministered. The Planning Committee have deferred this application on two separate occasions as they were directed originally by the Planning Officer that as it was an Outline Application & a speculative build, the detail of the buildings provided was irrelevant & it was only for them to approve the access - ALL other matters to be discussed at Reserved matters - but they were unable to discuss the heights or the hours of operation as it had been decided at Outline. All Planning Committee Members voted to defer as the errors began to become clear.
Expert:  Joshua replied 2 months ago.

It sounds as if I will need to look at the title to provide you with any assistance. Are you happy to email it to me?

Customer: replied 2 months ago.
thank you. Though the only information I have is the parcel of land number from H.M. Land Registry Deeds.co.uk is their number MM83331 hand written in green ink - (it did have another number of 7722 printed on the map).
The critical date we need to know is WHO owned this parcel of land on 5th October 2016.
The only other title number we have is WM475354 which sits immediately east of this parcel of land which has also just been purchased by Prologis for access?
Expert:  Joshua replied 2 months ago.

Thanks. Do you have either of those titles?

Customer: replied 2 months ago.
No, sorry we only have the numbers just provided - MM83331 & WM 475354.
Expert:  Joshua replied 2 months ago.

Thanks. I've sent you an email.

Customer: replied 2 months ago.
sorry - cant see my email? Could you try sending it again please? My email is: ***@******.***
Expert:  Joshua replied 2 months ago.

No problem. I have resent it. It may have gone to your spam box.

Customer: replied 2 months ago.
HelloI've tried sending photos through to you of the H.M. Land Registry maps received today.
Hope they've come through ok?
How quickly do you think you'd be able to access historical ownership of these parcels of land?
The planning Department are due to make their 'final decision' on 4th October but we do have an appointment with our MP Dame Caroline Spelman & Cllr. Bob Sleigh regarding this next Wednesday,
Kind regards,Sue Whitcomb***@******.***
07764 863352
PS: I have sent photos through to your email:***@******.***
Hope that's ok.
Expert:  Joshua replied 2 months ago.

Yes of course. Please respond back as and when you are ready. Have a good weekend.

Joshua and other Property Law Specialists are ready to help you