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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10776
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have just won at auction, a plot of land advertised as a

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Hi - I have just won at auction, a plot of land advertised as a building plot, with an agreement in principle from the council for a 3 bed house. My solicitor has now told me that there is a restrictive covenant potentially denying me the right to build. This was in the legal pack, but is unclear who benefits from the covenant. I do not want to proceed - what costs am I likely to have to pay , and what further action may the seller take?
Customer: replied 1 year ago.
I have only paid the deposit so far.

Hi, thanks for our enquiry. If you do not proceed and complete, you will of course lose your Deposit, I'm afraid. The Seller would also be entitled to ask you to complete, and if you do not, they could take you to Court and ask you to "perform the Contract" (ie ask that you pay the balance of the purchase price). This rarely happens as it will cost the Seller thousands of pounds to take any such Court proceedings, and normally a Seller will keep the Deposit and then they are free to re-sell the property to a third party. I hope this assists and sets out the legal position. If I have helped, I would be grateful if you could rate my answer. Kind Regards Al

Customer: replied 1 year ago.
Thank you. Does the fact that the plot was advertised as a building plot (when their own deeds state it cannot be) not suggest some kind of misrepresentation?

Hi, I'm afraid not- it is up to any Buyer to investigate the legal title. The Seller/Auctioneer have not lied, by saying it is a building plot, as it is, subject to obtaining any required consent under the restrictive covenant. Sorry. Kind Regards Al

Customer: replied 1 year ago.
I understand. Though how can I check who has the benefit of the covenant. Will it just be the neighbouring properties from when the development was first built? The land in question was sold by the original developer to the first purchasor many years after the original purchase, and after the (small) development was completed.

Hi, thanks for your reply.

I believe I have answered your original question. I am happy to assist further, if you could first of all rate my answer.

Kind Regards


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