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When buying land look beyond the title deeds. |
A much-awaited ruling in the property industry has now been made, but it will bring little joy to those purchasing land. |
When the case first went to court the judge decided the purchaser of a plot of land would have to comply with a right of way which had been approved by the council, but not disclosed in the title deeds when the land was later subdivided. |
The purchasers challenged the judge's ruling and the case made its way up to the High Court. The Court has now confirmed that unfulfilled conditions relating to the use of land can be enforced against owners subsequent to the registered proprietor who obtained a council's original conditional consent. |
It is now necessary for purchasers to look beyond title deeds and search local council records for any outstanding conditions of consent to a development to be sure of where they stand. Prior to this case, this was not common practice. |
