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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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Farmer has ROW over single track lane owned by 6 properties

Customer Question

Farmer has ROW over single track lane / bridleway owned by 6 properties and passing directly front of 3 of these properties which have no hedge or fence between them and track . Farmer wants to lease his field beyond properties for 25 yrs for development of 30 acre solar farm, construction traffic up to 100 HGVS plus accompanying other vehicles EG bussing up to 50 workforce per day accessed only via the ROW . Conveyance of that field to farmer contained following covenant purchaser... " must use land in such a way as to cause no annoyance or intrusion or disturbance or nuisance to the owners and occupiers of the remainder of the vendor's retained land" . The retained land being the 6 properties ( conveyance was drawn up in 1991 when developer bought farm , kept enough for properties he was developing then sold off excess fields) . Can we use that covenant to stop the solar farm planning application ?
Submitted: 3 years ago.
Category: Property Law