councils, developers, covenants
#1
st170 breaking
Thread Starter
councils, developers, covenants
hi there, ill tell you my tale of woe and maybe you know a bit yourself
my mum own a house, it was ex council (norfolk- gt yamouth) (not council to her) and has a fair sized bit of land to the side, she wants to build a house on it identical to the original, plannings fine nobody minds but the gits in the counsil say the covonant can be lifted in exchange for £15,500
to print a bit of paper
now dont want to bore you too much as you then wont add you tupence worth but harlow council would want £500 for the same deal so im thinkin the local concil are muthafukas and to be gotten round or minds changed at all costs or the house cant be built, anybody know how we can sort it out??, tops we would go to is about 4-5k is it really had to be but ideally £0 is better
if you can help and we sort it from your info and help you will receive a nice donation to you local pub landlord or KFC
some stats
house cost her 37k in 99
now worth 120k ish
land is occupied by a brick shed and small ex gas board building, plans are made, permissions granted bar the covenant
cost to build £50k
intention is to sell the original, live in the new 1 with some cash as company then sell that 1 and move to the sticks
cheers peeps
my mum own a house, it was ex council (norfolk- gt yamouth) (not council to her) and has a fair sized bit of land to the side, she wants to build a house on it identical to the original, plannings fine nobody minds but the gits in the counsil say the covonant can be lifted in exchange for £15,500
to print a bit of paper
now dont want to bore you too much as you then wont add you tupence worth but harlow council would want £500 for the same deal so im thinkin the local concil are muthafukas and to be gotten round or minds changed at all costs or the house cant be built, anybody know how we can sort it out??, tops we would go to is about 4-5k is it really had to be but ideally £0 is better
if you can help and we sort it from your info and help you will receive a nice donation to you local pub landlord or KFC
some stats
house cost her 37k in 99
now worth 120k ish
land is occupied by a brick shed and small ex gas board building, plans are made, permissions granted bar the covenant
cost to build £50k
intention is to sell the original, live in the new 1 with some cash as company then sell that 1 and move to the sticks
cheers peeps
#3
PassionFord Post Whore!!
You get similar things with private housing - sell a plot and retain a "ransom strip" that the new owner has to pay to buy/cross.
When the Church of Scotland sold the local manse (that's what we call the minister's house, if it's different down there), they had a clause that said they would get £30k for each plot sold at any time in the future.
If it is in the titles I don't suppose there is a great deal you can do except pay up. See a lawyer with the titles to her house - his bill shouldn't be for more more than an hour's work to say if she can get around it or not.
When the Church of Scotland sold the local manse (that's what we call the minister's house, if it's different down there), they had a clause that said they would get £30k for each plot sold at any time in the future.
If it is in the titles I don't suppose there is a great deal you can do except pay up. See a lawyer with the titles to her house - his bill shouldn't be for more more than an hour's work to say if she can get around it or not.
#5
PassionFord Post Whore!!
I take it its a restricted covenant to prevent a certain type of house being built.. has the land been registered yet????
Build a house that is within the rules of the covenant.. that way you dont need to pay?
Build a house that is within the rules of the covenant.. that way you dont need to pay?
#7
PassionFord Post Whore!!
As previously said find a good house conveyancing solicitor and get the covenant scrutenised, it may have been badly drafted.
See if the council have a standard rate for covenant removal or did they just make this one up.
Regardless of the outcome of the above, make the council an offer, on the assumption theirs was a first offer.
Covenants are there to protect either the landowner, current or previous or the adjacent land and or property owners, if it was next door to you trying this you would probably be gatefull they couldn't just build and make a Substantial profit, like your mother will, even if she has to pay £15k.
Land = Free
Build cost = £50k
Covenant = £15k
New house value = £120k
Seems to be a £55k profit there.
.
.
See if the council have a standard rate for covenant removal or did they just make this one up.
Regardless of the outcome of the above, make the council an offer, on the assumption theirs was a first offer.
Covenants are there to protect either the landowner, current or previous or the adjacent land and or property owners, if it was next door to you trying this you would probably be gatefull they couldn't just build and make a Substantial profit, like your mother will, even if she has to pay £15k.
Land = Free
Build cost = £50k
Covenant = £15k
New house value = £120k
Seems to be a £55k profit there.
.
.
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#9
st170 breaking
Thread Starter
the covenant just says A dwelling, thus putting 2 houses on isnt allowed, damn that little letter
no neighbours care a house is being built, causes no hassle to anyone
profit and costs shouldnt come in to it,
the land wasnt free, it all cost money when the house was bought
solicitor weve spoken too didnt seem interested
basically we are getting together loads of info that shows they are makin it up (their figures value the house 20k over what its worth, + value the lad at twice its worth too) the result is the cost are too high not worth doing, 1 less affordable (genuinely affordable) house earning them money every year, short sighted gits. were gonna argue it but figured someone would know a bit more about it thatn i do so far
no neighbours care a house is being built, causes no hassle to anyone
profit and costs shouldnt come in to it,
the land wasnt free, it all cost money when the house was bought
solicitor weve spoken too didnt seem interested
basically we are getting together loads of info that shows they are makin it up (their figures value the house 20k over what its worth, + value the lad at twice its worth too) the result is the cost are too high not worth doing, 1 less affordable (genuinely affordable) house earning them money every year, short sighted gits. were gonna argue it but figured someone would know a bit more about it thatn i do so far
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