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Land Law: An Advice Regarding Legal Obligations For Selling Land - Essay Example

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The writer of this short essay "Land Law: An Advice Regarding Legal Obligations For Selling Land" seeks to briefly examine the case of forming a particular land sale deed and constraints laid upon it particularly regarding the private roads and private drive…
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Land Law: An Advice Regarding Legal Obligations For Selling Land
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Mr George Anderson, 23 Highbury Grove, London N5 2AD. Dear Sir, In respect of your intention to sell a portion of your garden to Ms Angela Brown, with the conditions that she should construct only one building and that she should allow you to use the path, which you are currently using to reach the high way, the following legal advice is tendered to you.
First, in respect of restricting Ms Brown to constructing only one building on the land sole by you to her, the requirement is that you register such a notice that you will give her. There are several cases in which the courts have permitted such restrictive sale of land, especially where there is overlooking.
Second, in respect of the usage of the pathway to reach the highway, unless it constitutes the only access to the plot the courts will normally not allow such a right. However, in your case the round about way will increase the distance you have to travel by about a mile, further considering the fact that you are a senior citizen the courts will permit you to use the pathway.
In brief the legal position in respect of your proposed sale has been described in the foregoing. Thanking you, we remain,
Yours sincerely,
Place: London.
Date: ( )
Servitudes create rights or obligations over land and may run with the land, having their source in private agreements made when the land was initially transferred or later. Examples include rights of way and constructions over servient land, etc. If title to the land is not registered, then such covenants being registrable charges under the Land Charges Act 1972 will be void. Hence, the land should have a registered title and restrictive covenants have to be protected by registration of a notice.
Mr. Anderson intends to sell a portion of his garden to Ms. Angela Brown and while doing so he has two conditions. First, Ms. Angela Brown should not construct more than one building on this land, as this will obstruct his view. Restrictive or negative easements limit the land in respect of constructions on it. A restrictive covenant is a legal obligation imposed in a sale deed, which limits the buyer and are enforceable on subsequent buyers of the property, such as preservation of a sight - line for a neighbouring property, not to build on certain parts of the property, etc. Accordingly, Mr. Anderson should include a restrictive covenant clause in the sale deed with Ms. Angela Brown. The Preston City Council Guide has exhorted builders that "The degree of privacy will depend on the viewing level and distance which, if too high or near, will allow overlooking of rooms. Low barriers help to define private zones; high barriers can reduce security, limit surveillance and cause shadowed areas. Normally provision of a barrier that is above eye level usually suffices for private sides of houses1." In Marten v Flight Refuelling Ltd2 it was held "If an owner of land, on selling part of it, thinks fit to impose a restriction on user, and the restriction was imposed for the purpose of benefiting the land retained, the court would normally assume that it is capable of doing so" Therefore, Mr. Anderson's condition is reasonable.
Second, he should be allowed to use the pathway that he had been using all along. The problem is that Ms. Angela Brown wants to construct a studio in addition to a house on this land and further, she does not want Mr. Anderson to use the present pathway, though she is agreeable to his using any other pathway over the land that she intends to purchase. However, this route saves him a detour or over a mile, hence he is very much interested in continuing to use this way. In instances where access to a highway is via a private road or shared drive, specification of the right to cross such private land should be present in the property deeds. Such covenants are enforceable by the future owners also, according to the Law of Property Act 19753, as was decided in Mohammadzadeh v Joseph 20064. Therefore, Mr. Anderson will be able to use the pathway. Read More
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