• Circumventing Overidge Clause

    By Guest on 07th Oct 2020

    Hi As a group we purchased land at the back of our houses which have become gardens. We purchased the land with Overage and claw back obligations attached for 50yrs with 50% payment. We decided to put restrictive covenants on the land. Although I reluctantley agreed to minor ones ie only two bee hives And a mutual access running along the back of the plots and fencing height. We recieved the TP1 four years later due to change of soliciter and a host of other things on reading the covenants which had completly changed without our knowlwdge and
    were agreed in the presence of a soicitor and with a follow up letter confirming points discussed ie covenants the overage etc. We decided to sign the TP1 as it had gone on for so long I guess we didnt understand the implications of any of it the covenants or overidge. I feel the covenants devalue the land for example my plot is 40x20m the covenant states a shed a green house a summer house. The reality is need I need more sheds for my gardening equipment,,I no longer have my privacy as hedge hieght is 5ft, I cannot put my caravan or a vehicle or trailer in my garden and the mutual access is no longer wholly mutual most of the burden falls on my land. So question is could the covenants be seen as circumventing the overidge which is very open to interpretation is in favour of the seller, and at present because a new planning application on land directly abutting our gsrden land as been approved for 5 houses in my mind may quick track the clawback or indeed the overidge trigger. If the seller has no knowledge of the covenants which i am thinkin they dont as the land had been tranferred to one of the plot buyers with a deed in trust on our behalf to buy the land then split it up into individual plots with own titles this is the TP1 with the covenants imposed on the land by us and thier signatures are not present on the TP1 we signed. Could the covenants be deemed a big no no and cause litigation as its written in perpetuaty and appears to supercedes the overigde at 50yrs. thanks

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