• Conveyance With Reservations Restrictions And Conditions

    By Guest on 19th Mar 2015

    We have a local park which is a trust. Over 100 years ago the conveyance restricted the buildings on the park
    and subject also to the reservations restrictions and conditions following:- that is to say:
    1 No building of any kind shall be erected on the said land other than and except a cottage for the residence of a Park Keeper or Gardener a Tool and Potting Shed, a Band Stand and a Cricket Pavilion or other building to be used in connection with the use of the hereditaments hereby granted as a recreation ground
    Now that there is no longer a resident park keeper the Council says the above clause does not allow anyone else to live in the Lodge so they need to sell it as they cannot use it as intended. Is this clause that restrictive? A park keeper would have lived in the lodge for over 60 years so it definitely was a park keeper residence. But now that there is not a park keeper, what can be done to allow other people to live in it. Are there other options to remove it from the trust other than selling?

  • 1 Answers

    By Guest on 26/03/2015


    I don't see how selling it would help. The covenant would still be there, it would just become the buyer's problem. There are a couple of options to deal with old covenants. If you can identify the beneficiary you may be able to negotiate a release. Alternatively you can apply to the Lands Tribunal to have the covenant cancelled if it is clear it has ceased to be relevant. Finally, you can simply breach the covenant and purchase indemnity insurance against any possible enforcement action

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