Development Agreements
The crucial legal foundation to successful property development.
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Easements and restrictive covenants are examples of rights and restrictions affecting land which must be adhered to by those buying, developing, and using a property. It is vital to understand the scope and implications of any easements and restrictive covenants before you enter a commercial property transaction. Similarly, if you are selling property, you may need to consider whether you need to create any easements or restrictive covenants to benefit land that you are keeping.
At Heald Solicitors in Milton Keynes, we have extensive experience in acting for clients involved in commercial property purchases and developments. We will go through the title of the property you are buying and ensure that the easements and restrictive covenants will not prevent you from using the premises in the way that you wish. This is particularly important for developers.
If you are a seller, we can draft and review any rights or restrictions you may wish to exercise over a piece of land or property that you are retaining.
We have extensive experience in acting for clients involved in commercial property purchases and developments.
An easement is a right, normally of access, over someone else’s land. Examples include the right to lay water pipes, drainage pipes and electricity cables across land; these rights are clearly vital to a developer. The easement attaches to the land and not to the individual who owns it.
An easement must be properly documented and registered at the Land Registry. Easements can be very technical – expert advice and assistance is necessary. We can negotiate with the lawyers for the other parties to make sure that any easement on which you plan to rely is properly documented.
A restrictive covenant is a limitation on how a property owner can use their land. Examples include not being allowed to build on a certain part of the land, not being able to carry out a business at a property or not being able to develop a property.
If you wish to remove a restrictive covenant, we can advise you on the process and negotiate with the beneficial owner of the covenant to see whether this will be possible.
Our dispute resolution team can advise and represent you if you have a dispute over an easement or restrictive covenant. This is a specialist area. Talk to one of our property solicitors who can direct you to their appropriate colleague.
At Heald Solicitors our commercial property team deal with easements and restrictive covenants for clients in a range of circumstances. While our office is in Milton Keynes, we regularly work with clients throughout England and Wales, often remotely, meaning that you can expect the same expert legal advice and excellent client care wherever you are located.
If you wish to talk to a commercial property solicitor, please get in touch with our legal expert Shabnum Hussain .
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