Splitting a Title

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    Splitting a Title

    Is it possible to split a title which has this clause in the conveyancing.
    "Not to use the said property or any part thereof for any other purpose other than that of a private dwelling house in the occupation of one family"

    Would it be possible to buy off this clause, in order to develop another property on the site.

    Thank you

    #2
    Are you relating to a leasehold or freehold title?

    Comment


      #3
      Originally posted by Ad1 View Post
      Are you relating to a leasehold or freehold title?
      I am relating to a Freehold Title.

      Comment


        #4
        Originally posted by Ad1 View Post
        Are you relating to a leasehold or freehold title?
        I am relating to a Freehold Title.

        Comment


          #5
          There was court ruling about the use of the words "a private dwellinghouse" when a developer wanted to build a number of houses in the garden of a large house that had a similar clause in their title deeds.

          The judge ruled that the word "a" is not a number, so that houses could be erected as long as each was then used as "a dwellinghouse" in the occupation of a single family.

          The clause you are confusing this with is one that stated that the plot was to be occupied by "a single dwelling house only."
          That cannot be interpreted any differently.

          It would seem that you have no problem with the restrictive covenant as long as you can obtain planning permission for the proposed development.

          Comment


            #6
            As said it is a matter of interpretation. I'd send it of to counsel for a few £000 for advice.
            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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