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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 7637
Experience:  English solicitor with over 12 years experience
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Hope you can help me with a couple of questions on the

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Hi - hope you can help me with a couple of questions on the following old covenant:"That no trade manufacture or business other than that of market gardening shall be carried on nor shall anything be done or allowed upon so much of the said land coloured blue or green as shall be within sixty yards from the said boundary marked F A B G C D H and K on the said plan which shall or may be or grow to be in any way a nuisance damage grievance or annoyance to the Vendor or his successors in title or to the owner or occupier for the time being of the said land coloured pink PROVIDED THAT the Purchaser shall not be personally liable for a breach of this covenant by reason of any trade manufacture or business carried on by him upon any part of such land whilst he is in occupation thereof ..."Firstly, does the 'within sixty yards of the boundary' apply to the whole clause, or does the first part (before 'nor') about no trade manufacture or business apply to the whole property? And secondly, confused about 'whilst he is occupation thereof' - does this mean while he is in residence or while he is carrying out his occupation or trade? Thanks very much in advance. Jane
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: this is existing paperwork - trying to unravel the covenant as would like to put property on the market
JA: Where is the land located?
Customer: Berkshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no - thanks - just looking for clarification of a couple of points
UKSolicitorJA

Hello,

I am a solicitor and will be helping you today.

If i may answer the second question, the purchaser is not liable personally for a breach of this covenant whilst he is occupying the property.

The first question: the limit applies as follows:

"blue or green as shall be within sixty yards from the said boundary marked F A B G C D H and K on the said plan"

May I help further?

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Customer: replied 8 days ago.
Sorry having a thicko moment! So the limit applies to the whole clause, and trade etc can be carried on outside the sixty yard limit?

Yes, trade (market gardening) may be carried on outside the sixty yard limit from boundary FABGCDH and K but if the purchaser occupies the land, then he would not be liable even if trade was carried out inside the 60 yards limit.

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Customer: replied 8 days ago.
Sorry still not quite clear - surely market gardening is allowed anyway. How about trade other than market gardening - ie carpentry or car repair?

The covenant is badly drafted so I understand your confusion

Yes, you could argue that you may carry on any trade or profession on the land if you are residing on it.

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Customer: replied 8 days ago.
Last one, I promise! Would the covenant be breached if any trade other than market gardening was carried on in parts of the property outside the sixty yard limit even if the owner was not in residence at the time?

Yes, that would be a breach.

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Customer: replied 8 days ago.
OK - thank you - all I needed to know