Getting A Council to Remove an Old Convenant

Getting A Council to Remove an Old Convenant

Postby Flashy » Fri Oct 13, 2017 9:46 am

We are in the stages of buying an old property. The property is in a quiet and remote countryside location, surrounded by farms/farmland, up a fairly narrow country lane, with layby's for passing. The nearest very small village town around 1 mile away. Very little traffic,

The Land Registry plans have shown a convenant added by the then council in early 1940's, when it was presumably converted to a private dwelling from a council building. It states the land may be needed for possible Road Widening, but that the owners can use it as they would normally. There appears no similar convenant on the surrounding land, so very little widening would be possible.

Enquiries are drawing a blank - no one seems to know anything, or won't commit to making much effort. This clearly looks like a wartime thing, that is no longer applicable, but it looks as though the council see's no point in putting any effort into correcting it. Is there anything we can do to encourage them? I'm not sure even offering to pay the legal costs would push them to actually do anything.

Any suggestions most welcome.
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Re: Getting A Council to Remove an Old Convenant

Postby Collaborate » Fri Oct 13, 2017 12:02 pm

What is the precise wording? Sounds nebulous. Covenants either prevent a landowner doing something, or compel them to do something. What you have posted does neither.
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Re: Getting A Council to Remove an Old Convenant

Postby Flashy » Fri Oct 13, 2017 12:52 pm

I've probably used the wrong legal terms - sorry. Its in the Charges Register of the Land Registry Document - whether that means its a covenant or easement or not I'm not sure. On the plan detailing the section of land with this strange note on, it states something like:

See later post...
Last edited by Flashy on Fri Oct 13, 2017 1:40 pm, edited 1 time in total.
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Re: Getting A Council to Remove an Old Convenant

Postby MacadamB53 » Fri Oct 13, 2017 1:10 pm

Hi Flashy,

need the precise wording as entered in the Charges register, please.

kind regards, Mac
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Re: Getting A Council to Remove an Old Convenant

Postby Flashy » Fri Oct 13, 2017 1:25 pm

Hi Mac,

May I ask if I can edit my posts?

Whilst there's only a few words missing from earlier post, one slight concern I have is that should the kind experienced folk here say its a disaster, it may affect the current owners and future purchasers if they find their way here on interweb. I certainly don't expect that to be the case, but just thought I'd ask before posting!
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Re: Getting A Council to Remove an Old Convenant

Postby MacadamB53 » Fri Oct 13, 2017 1:36 pm

Flashy wrote:Hi Mac,

May I ask if I can edit my posts?

Whilst there's only a few words missing from earlier post, one slight concern I have is that should the kind experienced folk here say its a disaster, it may affect the current owners and future purchasers if they find their way here on interweb. I certainly don't expect that to be the case, but just thought I'd ask before posting!
one has an hour after posting in which to carry out self-edits or deletions of one's posting - once this has elapsed your options are to report your post by clicking on the exclamation mark or to contact admin direct (click on "The team" in the bottom-right-hand corner of this webpage, click on the administrator called "gardenlaw" and then send them a private message)
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