Land with a restrictive covenant

[multi power]

I'm in the process of buying some land, turns out it's got a restrictive covenant, not allowed to do anything to cause a nuisance
Is this something to be concerned about?

 

[suffolksmallholder]

Just the change of ownership could cause nuisance so almost a double entendre.
SS

 

[Ffermer Bach]

I would check with a good land agent and good agricultural solicitor as well (do such things exist?).

 

[mixedfmr]

I would check with a good land agent and good agricultural solicitor as well (do such things exist?).

A nuisance to who?
If its the seller
Its approblem
Bought a property with "nuisance, anoyance and disturbance" in my favour, against neighbouring property
My solicitor said i controled him, apart from what was allready there

Pressed wrong button FB sorry

 

[Blue.]

Just tell the seller to remove it.

 

[PeterPrestbury]

Legal Definition of Nuisance​

Based on the provided search results, here is a concise and accurate legal definition of nuisance:
Private Nuisance: A private nuisance is an unreasonable interference with the use and enjoyment of land or rights over land, caused by a person’s actions or omissions, which results in damage to the land, buildings, or vegetation, or unreasonable interference with comfort or convenience. (Source: Oxford Reference)
Public Nuisance: A public nuisance is an act or omission that obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty’s subjects. (Source: Encyclopaedia Britannica)
Common Principles: Both private and public nuisances are characterized by an unreasonable interference with the use and enjoyment of land or rights over land, or with the health, safety, or comfort of the public at large. The key elements include:

1. Unreasonable interference
2. Damage or inconvenience to land, buildings, vegetation, or comfort
3. Foreseeability of the harm by the party causing the nuisance
4. Actionable in tort (private nuisance) or as an offense against the public (public nuisance)

Defences: Defences to nuisance claims may include:

1. Reasonableness of the use or activity
2. 20-year prescription (private nuisance only)
3. Abnormal sensitivity of the claimant
4. Nature of the locality
5. Time and duration of the interference
6. Conduct of the defendant

Remedies: Remedies for private nuisance may include damages and injunctive relief to require the defendant to cease and prevent recurrence of the nuisance. Public nuisance may be addressed through criminal or civil proceedings, resulting in fines, imprisonment, or injunctive relief.

Note: These definitions and principles are based on English law and may vary in other jurisdictions.



If the covenant has been suggested by the vendor, then you can negotiate on it, if it was pre-existing, then probably you're stuck with acting within it. .

 

[steveR]

I'm in the process of buying some land, turns out it's got a restrictive covenant, not allowed to do anything to cause a nuisance
Is this something to be concerned about?

Any time scale?
How long has the covenant been in place?
Who "benefits" from the covenant?

 

[Still Farming]

Everything or anything can cause a nuisance to anyone ???

 

[Nearly]

Have they met you?

 

[Radio]

Get your solicitor to have the phrase,” normal agricultural practice “ Will not cause a nuisance. Take all the advice you can as solicitors make their money on covenants , usually trying to remove them.

 

[neilo]

Do not accept it! ‘Nuisance’ is such a vague description, that could be interpreted in so many ways, that accepting it could give you grief from anybody and everybody, for as many years as that covenant remains in place.

 

[Still Farming]

Do not accept it! ‘Nuisance’ is such a vague description, that could be interpreted in so many ways, that accepting it could give you grief from anybody and everybody, for as many years as that covenant remains in place.

Or what evers implied or not possibly.

 

[Flatland guy]

I'm in the process of buying some land, turns out it's got a restrictive covenant, not allowed to do anything to cause a nuisance
Is this something to be concerned about?

Who is the seller is it a long term entity or a private seller, a private seller will die out so no long term consequences.

If the nuisance is on due to a previous transaction find out if the original seller is still alive : who is going to enforce it and how much will it cost them to enforce it in the first instance because the onus will be on the original seller to do the attacking( if ends up in Court) Very often it is a clause first inserted from when parcels of land and /or building are sold away from the farm due to not wanting a neighbour complaining all the time but if the original seller has died out cannot see who is going to complain, unless some one has been very descriptive and and is linked to future owners of original farm/land.

 

[goodevans]

Just tell the seller to remove it.

What happens if it was a previous seller who included it and not the one who is now selling,who then has the right to remove it,especially if that seller is long gone

 

[Kidds]

Get your solicitor to have the phrase,” normal agricultural practice “ Will not cause a nuisance. Take all the advice you can as solicitors make their money on covenants , usually trying to remove them.

That is what I did.

 

[Blue.]

What happens if it was a previous seller who included it and not the one who is now selling,who then has the right to remove it,especially if that seller is long gone

That’s when you need to look at a previous conveyance,I had a seller (well his solicitor) include various clauses only to find the previous conveyance hadn’t got them,my reply was remove them or the deals off.

 

[multi power]

The covenant has been in place for a number of years
I will double check if the person who put it in place still lives next door, I suspect he may well residing in the church yard now

 

[goodevans]

The covenant has been in place for a number of years
I will double check if the person who put it in place still lives next door, I suspect he may well residing in the church yard now

That's what I was wandering,control from beyond the grave,interesting to now know if that is the case is it that person's decendants who can remove it,and if no direct ones what then happens

 

[Nearly]

If you buy it who else will know of the restriction?
What are they going to do, take the land away from you?

 

[Still Farming]

That's what I was wandering,control from beyond the grave,interesting to now know if that is the case is it that person's decendants who can remove it,and if no direct ones what then happens

Some old covenants got wording like, in living decendants of the King etc etc

So it essence, goes on forever?