Neil Harvey

Registered with Property118.com
Sunday 22nd March 2015


Latest Comments

Total Number of Property118 Comments: 20

Neil Harvey

18:00 PM, 26th March 2018
About 2 years ago

Help! Restrictive Covenant

Hi Nick,
This is a very complex area. You have not actually posted enough from your deeds I don't think for anyone to give you even half solid advice.
What I can say is this, the covenant is restrictive by nature. It will stop you from building a new house, if it is valid and if it's enforceable. I am no expert, but had a similar situation myself recently.
To be valid, amongst other things, it must have been correctly registered.
To be enforceable, amongst other things I think, there must still be a defined beneficiary.
There are a number of ways to deal with it. Some options are below:-
1) Ignore it, if you get planning permission, build. Very risky, someone could get a court injunction against you and then you have a big costly problem.
2) Take out legal indemnity insurance. You might be able to do this before getting planning permission, but they will probably want permission to be in place. Why? Because then they see if the neighbours raise objections on account of covenants, and see the risk level there. Covenants are ignored by planning department in their decision making.
3) Approach the beneficiaries and try to negotiate it away. That would then make insurance unavailable, as you have alerted them. A path to be avoided without the proper advice I would say.
4) Get planning permission, then advice of a barrister, or vice versa, maybe take cheapest option first. Or maybe a simple pre-app advice application, before any next steps, to see how likely you are to be successful at planning stage.

A barrister can properly advise on the covenant, what level of risk it presents to you, and what options are open to you.
Do a lot of research yourself. A good starting point is http://www.landcovenants.com. One of the owners of that site is a barrister called Andrew Francis, he writes a book on the topic. Borrow it from the library as background reading. If you want professional advice from one of the country's leading barristers, I would recommend Andrew. It's such a complex area, an opinion from any barrister is possibly money wasted, as I found out to my cost.... Read More

Neil Harvey

19:04 PM, 1st March 2018
About 2 years ago

CGT base cost on selling part of the garden?

I am no expert, but from memory, you need to split the purchase price into house and garden value excluding the plot and value of plot without planning, at time of purchse.

Cgt would then be based on sales value of plot compared to initial value. I think you possibly get PPR relief for the period it was your PPR but I am not totally sure.

My best advice is... take the advice of an accountant experienced in this area. I have just had very good legal and valuation advice on another topic and it has proven seriously valuable, and reduced risk for me considerably.

I believe you also need to get "proper" valuations for tax returns from qualified surveyors, not estate agent valuations.... Read More

Neil Harvey

20:26 PM, 5th January 2018
About 2 years ago

Neil Harvey

20:33 PM, 28th November 2017
About 2 years ago

Tax implication on selling part of garden?

Also be careful about "fencing off" the plot whilst it your PPR. This can stop you claiming PPR relief i believe

Take processional advice from a good property accountant is my best advice... Read More

Neil Harvey

19:26 PM, 25th November 2017
About 2 years ago

Non-development covenant on an ex-LA house

Edwin
Can you elaborate a bit please?
The article I referred to suggests LAs are not entitled to use such covenants to gain "overage".
What did your research conclude?
Thanks
Neil... Read More