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Hello. We have an issue with a restrictive covenant. We have a house with a large garden and are thinking of selling. Our estate agent said we would benefit on saleability and price if we got outline planning for a small property on the rear of the garden. It also has it's own access so we went ahead and had plans drawn. Before the architect put plans in to local planning we discovered a restrictive covenant when the land our house was built on was first transferred from the neighbours grounds, which states that only one dwelling and garage was to be built on it, which is our house that we live in. When I look back on the emails between us and our conveyancing solicitors at the time they had the relevant document TP1 but didn't mention this restrictive covenant. The difference in sale price of our property with or without outline planning is in the region of £50K and we've incurred costs of about £1000 for plans. Do you think we have a case to claim for consequential loss from the solicitors?
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Had you been advised of this covenant before purchasing, what would you have done?
Were you given a formal report on title? Have you looked at that?Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
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We would have still bought the property at the time as we had no intention of building another property then. It's only now after estate agents have said that planning would increase selling price and make the property more attractive to buyers that we have had some plans drawn up. We definitely wouldn't have had plans drawn if we were aware of the restrictive covenant without getting legal advice first.Comment
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Btw, no we didn't get a formal report just a solicitor saying that everything looks okComment
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Post 3 gives your answer: you would still have bought the property. Indeed, you have said that you were preparing to sell the house until the agent came up with his clever idea.
Sorry, any claim will fail. And we have not even considered dates and whether there may be a limitation problem.
NB you can still seek planning permission. The problem may be in implementing it.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Thanks for your commentsComment
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