restrictive covenant on land for agriculture use only

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    restrictive covenant on land for agriculture use only

    Hi can any one help?
    I want to buy a piece on land at the back of my house just under an ace, there are some old fallen down buildings directly at the end of my garden and these are just inside of the build line of the village.
    I want to buy the land firstly to stop anyone else building there and potential devaluing my house and as I myself my want to build a house for myself or my children in the future.
    I have been told there are a number of builders in the area interested in the land who want to just get planning permission and sell the land for a healthy profit.
    The survey has shown a restrictive covenant stating the lane shall not be used for any other purpose other than agriculture horticulture or forestry.
    I want to know if anyone has had any experience at getting these kind of covenants lifted?
    Is it possible? Will I have to pay the holder of the covenant?
    Also I guess this will effect the valuation of the land? The owner offered it to me as she knows we would like it, she had the land valued by an estate agent but I presume they also did not take into account this covenant
    I do not want to get stuck with the land and not be able to do anything with it, but I don't want some one else to build on it.....please help k

    #2
    You need advice after seeing the records documents and the locality as otherwise any comment is too general. However...
    1 Restrictions on title can be lifted if the beneficiary agrees to remove them or they shown to be superfluous.
    2 You need to look at the local plan and the register for that property to see if development is allowed, or if any development is agriculturally restricted.

    In order to assess the covenant, the use/development scope and the correct value, I suggest that you retain a local chartered valuations surveyor or chartered planner, with deal with the area to advise you.

    www.rics.org
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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      #3
      if it is green belt it will be extremely difficult to lift. However I would want the land in my ownership even if I could not build on it - it will improve the value of your house by a lot. Buy it asap would be my view
      Unshackled by the chains of idle vanity, A modest manatee, that's me

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