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Looking to buy land at back of my house

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  • Looking to buy land at back of my house


    Ever since I moved into my current house 8 years ago, I have been wanting to purchase a small part of the council owned land that is situated behind my garden, so that I might extend my garden.

    When I first contacted the council 7 years ago I was told that it was linked to the recreational ground that is down the road from me, and that there was no chance of me buying any. I could see that the land was linked, but did not really understand why I could not buy any as the land behind my garden is basically unused and overgrown, a far cry from the playing field and cricket pitch that it is linked to.

    Anyway I contacted them again last year but this time was told that there was a covenant on the land. I did not really understand what this was but have started to look into this again. I have been on the land registry site and downloaded the title register. It makes little sense to me, but I just wanted to know if someone could advise if I would ever be able to buy any of this land?
    We love our location and would ideally like to stay where we are for the foreseeable future, but this would only be if we could extend the garden, which would in turn open up other avenues such as a possible extension.

    Below is part of the register. Is anyone able to make sense of this for me?

    This register contains any charges and other matters
    that affect the land.
    1 (06.03.2006) A Conveyance of the land in this title and other land
    dated 20 August 1975 made between (1) L & A Freeman Limited and
    (2) The Borough Council Of Hinckley And Bosworth contains the
    following covenants:-
    "The Local Authority hereby accept the said property and covenant
    with the Vendor to lay out and manage the said land as aforesaid
    and not to use the same for any purposes other than as
    hereinbefore specified"
    2 (06.03.2006) A Wayleave Consent dated 4 August 1980 under the hand
    of the Principal Officer of Hinckley & Bosworth Borough Council
    relates to the erection and maintenance of overhead and
    underground cables.
    NOTE: Copy filed.
    3 (06.10.2008) The parts of the land affected thereby are

    Thanks for any help.


  • #2
    Re: Looking to buy land at back of my house

    The first entry in the charges register indicates that the land was conveyed to the council in 1975 for a specific purpose (probably public recreation) and a covenant restricting its use to that was imposed.

    That covenant can be enforced by L & A Freeman Ltd, who originally conveyed the land to the council and is still an active company. Depending on the full wording in the cionveyance, it might also be enforceable by members of the public also.

    Enforcement could be against the council (which will always be liable if the covenant is breached) or against the person who actually breaches it - you, if you incorporate the land into your garden or build on it.

    I can therefore see why the council is not in a position to sell the land to you - sorry!
    This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum


    • #3
      Re: Looking to buy land at back of my house

      Thanks very much for taking the time to explain this to me. Such a shame I can't buy this land as I would happily stay here if I could

      Thanks again