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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 823
Experience:  Experienced solicitor
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Part of our garden was sold off to an adjoining hospice in

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Part of our garden was sold off to an adjoining hospice in 1996 (by a previous owner) for use as a landscaped garden. The transfer documentation included specific wording to “The transferee hereby covenants with the Transferor by way of indemnity but not further or otherwise to observe and perform all covenants conditions and stipulations contained or referred to in the title above mentioned”. Our deeds clearly state under restrictive covenants "Not to erect or set up or permit or suffer to be erected or set up upon the land hereby conveyed or any part thereof any building or erection whatsoever other than one dwellinghouse with a garage and outbuildings suitable for use therewith …..”
The title documents of the hospice have not registered the title of the garden acquired so no restrictive covenants show up on their title (in 19 years). They are now applying for planning permission to build houses on this land and deny any restrictions apply.
Do you think we have a strong enough case to seek 'Injunctive Relief' to prevent the hospice selling on the land without the covenants being acknowledged and applied to the title deeds?
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
The short answer is that based on what you tell me you may well have an action you can bring. I am not at all sure that an injunction is necessarily what you want though.
Have you written to the hospice pointing out the existence of the restrictive covenants and have you objected to planning permission?
Customer: replied 2 years ago.

Good morning

Thanks for your response, myself and other neighbours wrote collectively to them quoting these covenants but they have dismissed them as misunderstanding on our part. I have also obtained all the title plans and registers adjoining our properties and had help from the Land Registry who inform me that our plot of land with it's covenants has not been registered in the last 19 yrs despite many amendments to the hospice title. My main concern is to ensure this covenant is acknowledged and incorporated in their title documents. What would you propose as the best (and least expensive) course of action?

Just because it is not registered does not mean that the covenant is not valid or binding on the Hospice.
What you should think about doing to protect your interest is to register your third party interest at the Land Reguistry.
This practice guide may be of interest.
You should get legal advice to make sure that the RCs are valid and binding as if you enter your interest at the HMLR and that causes a deal to fail this could lead to you being personally responsible for any losses that result from that action. To avoid this risk and to make sure that you do things right you need legal help.
If this affects a number of properties is there a chance that you could share the costs?
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