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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week | 1177 members

Land Title Help

Joseph Humphreys, modified 2 Days ago. Youngling Post: 1 Join Date: 23/07/26 Recent Posts

Hello All,

I was hoping someone could help me figure out what a covenant on the title of some agricultural land my Dad has bought means?

the legal language is  impenetrable for me and it might be relevant for future planning applications.

Thank you for your time if you are able to help!

richard white, modified 1 Day ago. Jedi Master Posts: 252 Join Date: 26/11/18 Recent Posts

The general position is that in order to lawfully build on land you need both planning permission and the appropriate property rights, and the two issues are normally independent of each other. (The most common exception is if you have a covenant that forbids applying for planning permission, or forbids objecting to the grantor applying for planning permission on their retained land.) So a possible breach of a covenant would not normally be a material consideration in a planning decision. (There are always exceptions such as when the case for granting planning permission relies on delivery of enabling infrastructure and a covenant would prevent that.) But of course in practical terms there isn't much point in spending time and money securing planning permission if there is an obvious likelihood that the actual building project will be blocked later by a covenant issue. All of that is just background to saying that this is a planning community page, not a property lawyer page, and your probably in the wrong place for advice on covenants sorry!

Evan Owen, modified 1 Day ago. Youngling Posts: 10 Join Date: 26/04/16 Recent Posts

Ask the solicitor who arranged the conveyance.