markashton2001
new user
Reged: 07/04/2008
Posts: 2
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Our property has a National Trust restricted covenant at the wishes of a previous owner 60 years ago when she died. We are planning to build an extension however the national trust are wanting a fairly significant sum of money from us before they will grant us permission.
We live in a 2 bed house and are just planning to add 2 further bedrooms. The plans are sympathic to the original building and in keeping with the area ...blah blah blah
The amount of money the National Trust want is jeopardizing whether we have the funds to go ahead.
It seems like daylight robbery and very unfair however the national trust tell us its because they are a charity and therefore if our property gains value after the extension then they have a duty as a charity to take a proportion.
The national trust do not seem to have a specific guideline and instead keep changing the goalposts and there are many contradictions when we speak to them.
We have checked our deeds and although it states the covenant there is no additional detail on how they would proceed in our current circumstance.
Can anyone offer advice???
Thanks
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sqwills
regular
Reged: 24/02/2008
Posts: 11
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My husband is a solicitor and deals with these sorts of things all the time. I will ask his advice when he gets home and post again!
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sqwills
regular
Reged: 24/02/2008
Posts: 11
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On the assumption that the N.T have the benefit of the covenant (worth getting a solicitor to check) then sorry to say, that, on the face of it, they have every right to demand payment in return for a release from the covenant. The one option for you, in the absence of being able to negotiate a lesser sum with the N.T, may be the Lands Tribunal. You would need to talk to a solictor about this but very basically, you may be able to apply to the L.T for the removal of the covenant. Whether you could do this will depend upon the individual circumstances and this is by no means an ideal solution as it can be very lengthy and costly process. The key is for you to take legal advice from a solicitor. Hope this helps and good luck!
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markashton2001
new user
Reged: 07/04/2008
Posts: 2
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Pretty much what i thought. Thanks though for the posting ...cheers
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