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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10737
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I own a plot of land and have just gained planning

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I own a plot of land and have just gained planning permission for a 4 bedroom house. The plot starts as a narrow strip at the front where it joins the public highway and opens out to a wider area at the back where thevhouse is sited. There is a restrictive covenanant in favour of the freeholder that adjoins the land at the narrow strip.
The covenant includes clauses stating the beneficiary has the right to place a skip or scaffolding on my land. Workmen carying out repairs to the beneficiary's property have the right to park on my land. The last clause states IT IS HEREBY AGREED AND DECLARED THAT THE TRANSFEREE SHALL NOT AQUIRE OR BE ENTITLED TOMAN EASEMENT OR RIGHT OF LIGHT OR AIR OR OTHER RIGHT WHATSOEVER WHICH WOULD PREJUDICE THE FREE USE OR DEVELOPMENT ALTERARATION OR DEALING IN ANY WAY THE RETAINED LAND THE BUILDING THEREON OR ANY PART THEREOF FOR BUILDING OR ANY OTHER PURPOSEMy question is if I purchase specific indemnity insurance ,would this help with any issues going forward? I am worried it will be difficult to sell the land at auction with the covenant, would indemnity insurance help I know that the beneficiary is not aware of the covenant, for this reason I do not want to approach them for negotiation.
If I purchase indemnity insurance and then approach the beneficiary to negotiate a release , would that negate my insurance if they refuse ?The beneficiary is a free hold company made up with 4 shareholders of the lessees of the building on the adjoining land . I own 2 flats in the building so I am a 50% shareholder in the company which is the beneficiary. However I am not the director or secretary.Many Thanks
Andy Christodoulou

Hi Andy, I'm glad to say you have nothing to worry about concerning this clause. It does NOT mean you do not have a right of way over the narrow piece of land. It just means that you won't make a claim against the adjoining land owner/Company in the unlikely event that they wish to build further on their land (eg you won't claim any right to light, meaning they would be restricted in building next to the narrow strip,if such build blocked out your light).

If you propose selling at Auction, you won't need to take out any indemnity policy (for your general information, any indemnity policy would become null and void if the party with the benefit of the policy approached the party with the benefit of the covenant which is being insured against) as this clause is not a defect in title.

I hope this gives you peace of mind.

If I have helped, I would be grateful if you could rate my answer (top right of your screen).

Kind Regards Al

Customer: replied 8 months ago.
If i build the house for my own use, can the benefactor still place a skip on my land even if it blocks vehicle access to my property? There is a clause which gives the benefactor the right a place a skip on the narrow strip even though I am the sole owner . In effect tthey will block my right of way to my prpperty?
Finally am I to assume you do not recommend indemnity insurance?

Hi Andy, sorry I didn't answer your question re- the right to place a skip/park or scaffolding query. I must admit I forgot to concentrate on this issue and my original answer related solely to your query concerning the covenant you had typed in capitals.

If this right is in place, allowing the Company to park on your land etc, you can take out a defective title indemnity policy as a safeguard. This is likely to cost approx. £250-300 depending on the value of the new build.

I would hope that the Company would be respectful of your land and not interrupt your right of way, but an indemnity policy would satisfy any potential Buyer at the Auction.

My answer remains the same as regards ***** ***** covenant typed in capitals by you, and I do confirm again that if you approach the Company to see if they will release the covenant allowing them to park/put a skip on your access, any indemnity policy would become invalidated.

I am sorry again for my incomplete first answer.

Kind Regards Al

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Customer: replied 8 months ago.
Many thanks