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How To Reply To Conveyancing Letter

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Hustle | 14:23 Fri 15th Aug 2014 | Law
14 Answers
I am trying to but a piece of land at the end of our garden from the next door neighbour. We have agreed a price and now they have instructed a solicitor to sort it out. However I have just recieved a letter stating that they wish to put a covernance on the land starring it can only be used for garden and no building will be allowed on it without the neighbours permission. I do not accept this restriction and do not want to pay for a lawyer to reply to this. Could someone please help me with an appropriate reply to the letter please
Thank you in advance
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Just say no, you don't agree.

A pity you didn't sort this out before involving lawyers - your neighbours will no doubt be aggrieved at incurring such expense needlessly.
Question Author
I have no intention of building on it. However if ever I do move then the land is worthless with this covernant.
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Question Author
I don't wish to pull out. I'm sure the lawyer is just looking after their clients best interest as I would expect mine to do. I just need help replying with a professional sounding letter please
If you don't want to pull out of the purchase, what is it that you want to say?
Try this -

Two Whom It May Concern -

In respect of my proposed purchase of the plot of land (details) from (Name) - I wish to state that the covenant regarding an agreement not to build on the land will constitute an unacceptable impeedance to my proposal.

Specifically, although I have no intention to build on the land myself, I would wish to be able to sell on the land without building restrictions to a future purchaser at some point in the future. the covenent as advised would reduce the value of the land to an unacceptably low level.

I await your proposals to love the matter forward, and would again wish to confirm my desire to buy the land, should the covenant be removed as a condition of said purcahse.

Yours Faitfully.

That should do the trick.

Call it a tenner (LOL!)
Question Author
andy-hughs thats great. Thank you so much :)
It sounds reasonable to me, they just want to be sure the land is not built on. The ground will not be worthless it is still extra land on your property which will increase the property's value.
Building land is worth at least 10x the price of land that can only be used as a garden so they are just making sure you do not make a large profit at their expense. You do not need a letter just make a choice buy it as it is or pull out. By 'No building' they do not mean a garden shed by the way, just not a permanent building or extension to your house.
Is 'impeedance' a word?
andy-hughes, I really like "loving the matter forward"
I wouldn't even mention the possibility that I might want to sell later to try for planning consent. Just say the inclusion of the proposed convenent is not acceptable to me and no mention has been made in my discussions thus far with my neighbour.

The way this is often dealt with is to include a convenent that shares any future profit from such a sale. Much depends on any possible access arrangement to a future building plot. If access would only be possible via your land, your negotiating power over any share is much stronger.

Try to time limit any such insistence on a convenent to say ten years.
As usual, bm has got it right. But why don't you talk to the neighbour instead of writing to the solicitor? If you can come to an agreement with him he can just instruct the solicitor in what to do - far less hassle & cost than getting involved in solicitors nitpicking etc.
And another thing. What he should be instructing the solicitor to do is to draft a Land Registry transfer form for you and the neighbour to sign. You will have to deal with the sending of the form to the LR with the appropriate fee.

What the solicitor will probably otherwise do is to raise a contract for sale, in much the same way as a normal house sale is done. There is no need for this, and the LR form, which from memory is called a TR1, has to be done to complete the sale. Having a contract merely increases the amount of work for the solicitor and hence his fees.

Are you planning to DIY your bit of the transaction? - or employ your own advisor?

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