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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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Hi. Contained within the deeds to my house is permission to

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Hi. Contained within the deeds to my house is permission to erect a petrol filling station and associated shop, this was to be an oil depot for supplying the housing estate with heating oil. The land it was to be built on was not then part of the plot where the house was later built (C1967). This permission expires upon the death of Prince Charles.
The wording of the permission leads me to believe that I could certainly build some kind of facillity for the retail of petrol, oil and any other merchandise which could be thought to be "associated" with this use. I am sure that current building regulations would prevent any bulk storage of fuel on the site.
To try to do so would be ridiculous but what I want to do is use the site for retail of new and/or used vehicles, specifically motorcycles - not cars.

The land concerned is a small (C 18m X 7m) plot to the rear of my house - it is currently used as additional garden for the house and is accessed by a driveway between two other houses not owned by me, my deeds give me right of access over this driveway.

I do not intend to have a "showroom" open to the public but to sell motorcycles over the internet and by appointment only.

My question is:-

Do you think my local authority could prevent me using the plot for this purpose and if so how?

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

What you are talking about is a restrictive covenant - these are only "policed" by the person/land that benefits from them. As long as it does not specifically say you cannot operate a business from it then this restrictive covenant alone wont prevent you from using the land for a business. The restrictive covenant must be an affirmative statement, you cannot imply a wider interpretation to it.

The council's objection is an entirely different matter. The council have a planning department. Under the Town and Country Planning Act they could dictate that the designated use class of the land does not permit the operation of business or sale of motorcycles. You need to check the use class of your land and find out if it is designated for use as a business. If it is not you will need to apply to the council to see if you can obtain permission for this.

I look forward to hearing from you.

Kind regards

Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Upon closer inspection of the deeds that does appear to be correct - thanks


Thank you.

Can you provide me with any further information on what the deeds and restrictive covenant say?

Do they contain a specific provision that prevents you from carrying on a business?

Kind regards