Residential property, too close to farm

[Jdw at]

We have a neighbour next to our farm that wants to buy the covenant off a building that backs onto the farm, and convert it to residential, the farm buildings are linked to this building and we do not want to take the covenant off it as it was put on to protect the farm now he’s saying if we don’t take his offer of £50.000 he will take us to court.
He also wants access across our farm land to a public footpath from a gate he wants to put in to come out of his garden onto our land we have a good solicitor but his solicitors won’t answer our solicitors questions any advice would be welcome.

 

[steveR]

Sounds a bloody chancer... tell him to do one.

He will need a damned good case to win in Court, on what you have told us.

 

[serf]

he’s saying if we don’t take his offer of £50.000 he will take us to court.

Well that statement looks like blackmail for starters ....

 

[betweenthelines]

Who currently owns the building that has the covenant? And what is the wording of the covenant?

The rest is just noise from a bully who uses money instead of his fists

 

[goodevans]

I would of thought he would be wasting his money or else covenants wouldn't be put on

 

[Jdw at]

Who currently owns the building that has the covenant? And what is the wording of the covenant?

The rest is just noise from a bully who uses money instead of his fists

Cannot be used for residential use

 

[hoff135]

Tell him if you get any more hassle your going to sell it to the gypsies.

 

[Jdw at]

Who currently owns the building that has the covenant? And what is the wording of the covenant?

The rest is just noise from a bully who uses money instead of his fists

He owns the building, but the farm put the covenant on when it was sold in 1984 to a previous owner, to protect the farm the covenant raids, it cannot be used for residential use

 

[steveR]

He owns the building, but the farm put the covenant on when it was sold in 1984 to a previous owner, to protect the farm the covenant raids, it cannot be used for residential use

So the Covenant is still fully valid and relevant. Matey boy will have a struggle...

 

[livestock 1]

Tell him you want to go to court
He has no chance

 

[Goweresque]

If he thinks he can get the covenant removed by the courts, why bother offering you £50k to release it? Doesn't sound like the actions of someone who is that confident of his case.

I'm not sure what questions your solicitor is asking, but all they should be doing is informing the other party that you don't wish to release the covenant or grant any access rights over your property, end of story. Its best not to get too involved, its easy to rack up big legal bills with solicitors to-ing and fro-ing with each other over something you have no interest in agreeing to anyway.

I would get yourself prepared to have to take him to court for breach of covenant at some point because its odds on he's the sort to just go ahead regardless and effectively dare you to do anything about it. The planners won't take a private covenant into consideration if he puts in a change of use application, they'll just go on pure planning considerations, so they won't put a stop to it for you. Ultimately its for you to enforce the covenant through the courts.

 

[betweenthelines]

@Goweresque, could the OP put in some sort of "blocking" planning application -say to convert the building to piggery- that would effectively stop the neighbour getting residential PP?

 

[Goweresque]

@Goweresque, could the OP put in some sort of "blocking" planning application -say to convert the building to piggery- that would effectively stop the neighbour getting residential PP?

Well you can put in planning on someone else's property, you don't even need their permission, just serve a notice on them. But I'm not sure what help that would be here. It would just get thrown out, its obviously too close to existing dwellings. And rile up the neighbour even more. The OP doesn't need to do anything, apart from saying he's not interested in any of the neighbours requests, and be prepared to defend his covenant if it is contravened.

 

[flowerpot]

If they got planning permission the next thing would be complaining about the farm activity and want you to stop farming.

£50,000 not even enough to consider. Don't argue, just refuse.

 

[Jackov Altraids]

Well you can put in planning on someone else's property, you don't even need their permission, just serve a notice on them. But I'm not sure what help that would be here. It would just get thrown out, its obviously too close to existing dwellings. And rile up the neighbour even more. The OP doesn't need to do anything, apart from saying he's not interested in any of the neighbours requests, and be prepared to defend his covenant if it is contravened.

I think I would add that you consider this as a due notice and would expect any costs incurred in enforcing the aforementioned covenant to be covered by the person breaking it.

 

[Jdw at]

If they got planning permission the next thing would be complaining about the farm activity and want you to stop farming.

£50,000 not even enough to consider. Don't argue, just refuse.

He’s already tried to stop us farming he had a go at registering our land with Heritage England it was turned down thank goodness but if it had been passed we would have not been able to plant any arable crops on our land or ploughed a field not even take a tractor over the fields
he’s ripped up our boundary fences to take his dogs for a walk in a field were we had entire bulls, verbally abused us saying my husband doesn’t speak English because he has a country accent, that we have no friends and go nowhere we are just losers I don’t think he know what hard work is and knows even less about us and now we have cctv watching our every move on the top and bottom yards it’s an absolute nightmare to be honest.

 

[jackrussell101]

Stand your ground, he sounds like a complete bully.

 

[Flatlander]

He’s already tried to stop us farming he had a go at registering our land with Heritage England it was turned down thank goodness but if it had been passed we would have not been able to plant any arable crops on our land or ploughed a field not even take a tractor over the fields
he’s ripped up our boundary fences to take his dogs for a walk in a field were we had entire bulls, verbally abused us saying my husband doesn’t speak English because he has a country accent, that we have no friends and go nowhere we are just losers I don’t think he know what hard work is and knows even less about us and now we have cctv watching our every move on the top and bottom yards it’s an absolute nightmare to be honest.

I’d get a solicitor to serve him with notice of your intention not to relinquish the covenant. Also inform him that any access on to your property will be considered trespassing. Are there any law regarding cctv in the uk regard invasion of privacy. Do children have access to the area covered by the cctv. If so I’d imagine there would be some legalities involving recording kids. Sound like you’ve got a prize Ahole of a neighbour. As said don’t get a solicitor too involved. Not just the costs but they all have friends and personally I don’t trust them.

 

[Tarw Coch]

He’s already tried to stop us farming he had a go at registering our land with Heritage England it was turned down thank goodness but if it had been passed we would have not been able to plant any arable crops on our land or ploughed a field not even take a tractor over the fields
he’s ripped up our boundary fences to take his dogs for a walk in a field were we had entire bulls, verbally abused us saying my husband doesn’t speak English because he has a country accent, that we have no friends and go nowhere we are just losers I don’t think he know what hard work is and knows even less about us and now we have cctv watching our every move on the top and bottom yards it’s an absolute nightmare to be honest.

I’m pretty sure it’s not legal to have cctv focused on someone else’s property

 

[delilah]

He’s already tried to stop us farming he had a go at registering our land with Heritage England it was turned down thank goodness but if it had been passed we would have not been able to plant any arable crops on our land or ploughed a field not even take a tractor over the fields
he’s ripped up our boundary fences to take his dogs for a walk in a field were we had entire bulls, verbally abused us saying my husband doesn’t speak English because he has a country accent, that we have no friends and go nowhere we are just losers I don’t think he know what hard work is and knows even less about us and now we have cctv watching our every move on the top and bottom yards it’s an absolute nightmare to be honest.

Letter to the police, copied to your MP,, the district planning officer and the parish council.