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Covenants Builder Wants £60,000 To Remove. Want To Give Some To Charity Instead
plot of land now with planning permission..covenants states..not to make an external alterations additions or extensions to any building to be erected upon the property hereby conveyed or any part thereof without the prior written approval of the trustees or their successors in title.
My question is are they entitled to this money and can they charge what they like ?
My question is are they entitled to this money and can they charge what they like ?
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Your chances of finding someone like that on a site such as this are virtually nil. Have you done some research on the internet generally, such as looking at sites like this:
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I have to say that I have walked away from a few of these in the past. It's common practice. I'm afraid that anyone who buys ground or property carrying a covenant such as this, must accept that whoever has the benefit of the covenant, has control.
In a perfect world, these types of covenant would never be allowed. They're terribly restrictive, and cause all kinds of problems. That's just my opinion though.
I think your idea of a charitable donation is a laudable one. To be blunt though, it's irrelevant. Negotiation is the only way forward. Somewhere in all this there is a point where you are willing to offer a certain price..... and they are willing to accept it. It's as simple as that.
With no deal, you have a development, but with limited control, and they get nothing out of it. They would likely make your life difficult.
With a deal, you build freely and they make some money.
Which is why I tend to walk before purchase if no deal is likely.
In a perfect world, these types of covenant would never be allowed. They're terribly restrictive, and cause all kinds of problems. That's just my opinion though.
I think your idea of a charitable donation is a laudable one. To be blunt though, it's irrelevant. Negotiation is the only way forward. Somewhere in all this there is a point where you are willing to offer a certain price..... and they are willing to accept it. It's as simple as that.
With no deal, you have a development, but with limited control, and they get nothing out of it. They would likely make your life difficult.
With a deal, you build freely and they make some money.
Which is why I tend to walk before purchase if no deal is likely.
You can negotiate to remove the covenant. Offer 10% of value of project.
http://
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Hindsight is a wonderful thing but you should have negotiated to remove the covenant BEFORE you increased it's value by applying for and getting consent. Now he's gotcha.
As others have said, you negotiate. 10% is too low a figure in my view and you might have to pay up to 30% of the now inflated value of the land.
If your consent contains a Section 106 obligation to contribute to local infrastructure as a condition, don't forget to include this fact in your negotiation. The financial terms of the contribution agreed between you and the planning authority over the s106 are confidential between you and the authority, so you can inflate this sum in your negotiation with the guy holding the convenent. But the real damage is done. Without release of the convenient, all you have is a piece of garden land.
Forcing this through a legal case to demonstrate the convenient is unreasonable is likely to be loadsa work for lawyers and you might not win.
As others have said, you negotiate. 10% is too low a figure in my view and you might have to pay up to 30% of the now inflated value of the land.
If your consent contains a Section 106 obligation to contribute to local infrastructure as a condition, don't forget to include this fact in your negotiation. The financial terms of the contribution agreed between you and the planning authority over the s106 are confidential between you and the authority, so you can inflate this sum in your negotiation with the guy holding the convenent. But the real damage is done. Without release of the convenient, all you have is a piece of garden land.
Forcing this through a legal case to demonstrate the convenient is unreasonable is likely to be loadsa work for lawyers and you might not win.
google
damages for building despite coventant
and yo get this:
http://
Parkside homes - there have been a few cases where an injunction to tear down was not granted and so the jjudge determined the damages on the profit made.
Series of cases - obviously varies - from lots to smaller
I would not do what was done ere - build and be damned
as you have given the builder notice - so that he could applyt for an injunction whilst, or at the beginning and then you are well and truly screwed.
damages for building despite coventant
and yo get this:
http://
Parkside homes - there have been a few cases where an injunction to tear down was not granted and so the jjudge determined the damages on the profit made.
Series of cases - obviously varies - from lots to smaller
I would not do what was done ere - build and be damned
as you have given the builder notice - so that he could applyt for an injunction whilst, or at the beginning and then you are well and truly screwed.
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