Licence to maintain equipment on land

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Licence to maintain equipment on land

Postby StuartL » Thu Jun 14, 2012 4:26 pm

I purchased some land late last year which had an expired licence for the MoD to operate a seismic pit on the land. The licence section 1 says that the licence expired in June 2011, before I purchased the land. The licence grants the MoD the right "to site and subsequently to maintain a seismic pit and to install seismic equipment in the ground".

Over the course of a weird set of coincidences I met one of the men who maintain the seismic equipment and he's told me that the licence is still active. I've now spoken to the MoD and they've said that they've continued to pay the previous landowner (who specifically told myself and my convenyancing solicitor during purchase that the licence wasn't active) and as such the licence is "holding over".

I purchased the land believing that the pit was disused and am now a little confused as to where I stand.

All of the googling I can do for "holding over" seems to relate to land occupation by tenants, which isn't directly the case here. I'm not sure if it still applies and certainly not sure where I (or the previous owner) stand if the MoD have been paying for a continuation of the licence without either of our knowledge.

Does anyone here know anything about this section of contract/land law?

Thanks very much in advance,
Stuart
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Re: Licence to maintain equipment on land

Postby nickm » Tue Jul 17, 2012 2:04 pm

Did you get this resolved?
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Re: Licence to maintain equipment on land

Postby StuartL » Tue Jul 17, 2012 2:34 pm

It's still ongoing with more information and evidence than I had before. As there's a lot of legal problems I haven't been keeping this thread up to date. I would still appreciate any input you have.

Thanks,
Stuart
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Re: Licence to maintain equipment on land

Postby FrTed » Tue Jul 17, 2012 4:46 pm

Does rather sound like you have been misled by the vendor and may have a case against them.
"No Dougal, these cows are SMALL, those cows are FAR AWAY"
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