Property Dispute Solicitors

With timely, practical and knowledgeable advice about property disputes, Burt Brill & Cardens can help resolve any issues or disputes that may arise.

Ensuring that we work hard to protect your interests, we keep you fully advised on all courses of action open to you. We are able to act for freeholders, landlords and leaseholders – working closely with experienced conveyancers to provide a full advice and representation service.

Opposed Property Developments

Many arguments about covenants on land are surrounding opposed property developments – usually by the neighbours.

Case Study

An example case involved land that had been split into four plots in the 1950s. The owner of the land sold three of the plots and retained the fourth for her home. The plots she sold were subject to a covenant that any developments had to be approved by the original owner. When she finally sold her own plot, there was no such covenant put on the land.

The owners of one of the plots decided to demolish the building that was on their land and to build a small block of flats. The new owners of the fourth plot of land sought to prevent this by saying that the covenant which was attached to the earlier plot sales was still valid.

The people wishing to build the flats argued that the covenant could not pass to the new owners on their conveyance unless it was expressly assigned. The court agreed. The original covenant had clearly been placed on the first three properties in order to protect the interests of the original owner.

The case shows the need to give careful consideration to covenants when examining conveyances. In this case the covenant belonged, in effect, to the original vendor of the land and it was not attached to the subsequent owners of the property. They were therefore unable to prevent the development.

Property Dispute Solicitors

For advice on any property matter and to ensure that your property purchase does not contain any hidden or unnecessary legal pitfalls, please contact Burt Brill & Cardens at the earliest opportunity.

There is no charge to talk to us initially about your property disputes so call us today on 0n 01273 604123 or email enquire@bbc-law.co.uk.

 

Go back to find out more about our Residential Property services or read more on Landlord and Tenant disputes.