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Agricultural Matters
Residential property, too close to farm
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<blockquote data-quote="Goweresque" data-source="post: 8954995" data-attributes="member: 818"><p>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. </p><p></p><p>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. </p><p></p><p>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.</p></blockquote><p></p>
[QUOTE="Goweresque, post: 8954995, member: 818"] 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. [/QUOTE]
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Residential property, too close to farm
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