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Is there any property experts here? Info on covenants.
fha772 - 22/2/17 at 05:38 PM

Hi all,

I've got a property question I'm hoping someone might help me with.

I've been to look at a piece of old industrial land to buy to use as a yard.

The man whose selling it said there's a covenant on it, but didn't say what it is.
Is there anywhere that I would be able to get that information from, such as the local council, or will I have to get a solicitor to find it out?

I just don't want to go to top much expense, if it turns out that the kind is of no use.

Cheers Frank.

MDR1987 - 22/2/17 at 05:58 PM

if its registered at the Land Registry you should be able to obtain a copy at £3 a doc, if unregistered you need an Epitome to be supplied.

worth mentioning that enforcement of covenants is a very complex and expensive action, so could be some mileage in investigating whether its enforceable or taking out indemnity insurance to cover the risk of enforcement action

hope that helps

Matt
Property Solicitor

fha772 - 22/2/17 at 07:13 PM

Thanks Matt, that's a great help!!

I knew LCB would help me yet again!!

It's an old farmer, he's selling a bit of land that was ex coal board, I think.
But like a lot of old farmers, he is hard work to deal with, so I thought it'd be easier if I could get the info from another source before I go back to him.

Thanks again, it's greatly appreciated.

gremlin1234 - 22/2/17 at 07:46 PM

quote:
Originally posted by fha772 It's an old farmer, he's selling a bit of land that was ex coal board, I think.
But like a lot of old farmers, he is hard work to deal with,
I absolutely agree with MDR's reply, and at least the seller has been upfront about it being there: so a good point to start from.

nick205 - 23/2/17 at 09:08 AM

Is the land for sale via an estate agent?

If it is then I'd be asking the estate agent for information. There must be rules about declaring such information when selling land.

https://www.gov.uk/government/organisations/land-registry

[Edited on 23/2/17 by nick205]

fha772 - 23/2/17 at 12:52 PM

No, I've found out it's coming up for sale through a mate, and have got a chance at it before it gets advertised.

peter030371 - 23/2/17 at 01:39 PM

quote:
Originally posted by fha772
It's an old farmer, he's selling a bit of land that was ex coal board, I think.


Could it be linked to this https://www.gov.uk/guidance/coal-mining-title-deed-covenants- and-legal-requirements

nick205 - 24/2/17 at 08:54 AM

quote:
Originally posted by fha772
No, I've found out it's coming up for sale through a mate, and have got a chance at it before it gets advertised.



Noted.

Would you have the land surveyed at all?

If so then tell the surveyor of the covenant and their need to provide written details of it - who holds the covenant and the terms of it (dates, does it apply to you etc.).