I intend to sell a corner plot of land in the garden of my home in Carmarthen for building, but I do not want any buyer to build a property higher than single storey so as not to spoil my view. Is there anyway I can ensure that this happens?
If you are selling off part of your land on which your purchaser intends to build a dwelling, or if the piece of land is sold with the benefit of Planning Permission for a single dwelling, then you are in a position to dictate those restrictions, or covenants, which will forever bind the use of the land to be sold.
As in large developments, the Transfer to the Purchaser will contain restrictions, or covenants, together with the usual rights over, and reservations in favour of, your Retained Land. The fact that you will continue to live immediately next to the new building, or building plot, emphasises the importance of your ensuring that these restrictions, while not too onerous so as to render the plot unattractive, will ensure that the type of development which takes place is controlled and subject to your strict criteria.
Covenants will usually include restrictions on its use as a single private dwelling house, no business use, a restriction on its height, the maintenance of boundaries and criticlly the need to obtain your consent in the event of the building being altered in any way in the future.
You must ensure that you are clear as to what restrictions you wish to impose before the plot is sold so they are made clear to your lawyer who can incorporate these into the transfer document and ensure that any prospective purchaser is aware of these from the outset.
* Emyr Pierce is Managing Director of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email firstname.lastname@example.org