Re: Restrictive Covenant preveting objection


"Gavin Young" <gavin-young@xxxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:xLSdnfPaHe6QD0HeRVnyvg@xxxxxxxxxxxxxxxxx
> When my property was sold by the original owner, he ratained some of the
> original land next to the property in the hope of obtaining planning
> permission at a future date and building on it.
>
> There is a clause in the deeds to my house which states "not at any time
> to oppose planning permission" in respect of this retained land.
>
> My question is whether this would be considered a reasonable restriction?
> If so, I presume there is not too much I can do if I don't like the
> application he is now submitting.
>
> Many thanks for any advice ythat can be given.

IANAL but I do recall from reading that 'negative' restrictive covenants
(ones where the owner cannot do something) are much easier to overturn than
positive covenants (ones where the owner is obliged to do something), so it
could be worth pursuing as unreasonable in the eyes of the law. Time can be
a factor - if you bought the land 50 years ago, then the covenant can become
less reasonable than if you only bought it 2 years ago.

However, I have to say that knowing the clause was there and now trying to
renage on it in my view is unreasonable (not that that has any bearing on
how the law would see it).

Do you really want to fall out with the neighbouring land owner?

g.


.

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