Removing covenant- agricultural use only

[ukjules]

I wonder if anyone has any advice for me? My mum was married to a farmer who died 6 years ago. The pig farm closed down about 9 years ago due to foot and mouth and consequently the farm became derelict. My mum has been left the house and garden and the adjoining land was left to her step children.

She would very much like to move now as the house is far too big for her but she has been told she can only sell to someone in agriculture. The covenant also affects the value of the property. Is there any chance that the covenant can be removed?

Many thanks.

[Colincbayley]

I wonder if anyone has any advice for me? My mum was married to a farmer who died 6 years ago. The pig farm closed down about 9 years ago due to foot and mouth and consequently the farm became derelict. My mum has been left the house and garden and the adjoining land was left to her step children.

She would very much like to move now as the house is far too big for her but she has been told she can only sell to someone in agriculture. The covenant also affects the value of the property. Is there any chance that the covenant can be removed?

Many thanks.

Your best bet is to have an informal chat with your local council to find out their views, but I wouldn't hold my breath.

[jeffrey]

I wonder if anyone has any advice for me? My mum was married to a farmer who died 6 years ago. The pig farm closed down about 9 years ago due to foot and mouth and consequently the farm became derelict. My mum has been left the house and garden and the adjoining land was left to her step children.

She would very much like to move now as the house is far too big for her but she has been told she can only sell to someone in agriculture. The covenant also affects the value of the property. Is there any chance that the covenant can be removed?

Many thanks.
Colincbayley's reply is true ONLY if:
a. Council are the freehold reversioners; or
b. he meant to deal only with Planning law aspects, not re covenant.

To escape the burden of a covenant, one needs the covenantee (i.e. whoever has benefit) to release the covenantor (i.e. whoever's land is burdened). This can be done:
a. by Deed; or
b. (in some cases) by Lands Tribunal, under s.84 of the Law of Property Act 1925.

[Grange]

...or if in fact it isn't a covenant, but a matter of planning law.

[jeffrey]

Grange: see this from before.

Colincbayley's reply is true ONLY if:
a...; or
b. he meant to deal only with Planning law aspects, not re covenant.

[Grange]

I mean OP, Jeffrey! I'll lay a small wager with you that there is no covenant.

[islandgirl]

You need to establish if there is a formal agricultural condition on the property rather than a covenant) Agricultural conditions are hard to get removed but it can be done. You have to prove that the house is no longer necessary for agricultural workers and jump through lots of hoops. There are tons of firms who specialize in getting agricultural conditions lifted and it is one of these you need. Try buying the Farmers Weekly perhaps or searching the internet. You can of course sell with a condition but the value is less - you see houses with conditions attached every week in the Farmers Guardian. Get it lifted and you will add tens of thousands to its value. Good luck.