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8989
09-02-2010, 15:33 PM
Hi there,
I know of someone who has bought a 99 year lease and has received planning permission to build a bungalow. What kind of rights do they have against the landlord (freeholder) if the freeholder does not give permission to build? Is this stated anywhere under statute or case law?
Many thanks

Lawcruncher
09-02-2010, 17:31 PM
If the lease has an absolute prohibition against building - none.

If the lease has an qualified prohibition against building - it depends on the terms of the covenant.

jeffrey
10-02-2010, 09:23 AM
I know of someone who has bought a 99 year lease and has received planning permission to build a bungalow. What kind of rights do they have against the landlord (freeholder) if the freeholder does not give permission to build? Is this stated anywhere under statute or case law?
Many thanks
If it's currently a house (i.e. not commercial premises or vacant land), and once the lessees have owned its leasehold for two years, they can forcibly:
a. acquire the f/r; and
b. delete the covenants, subject to s.10 of 1967 Act.