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This area covers limits on how a property can be used, typically arising from title deeds, planning restrictions, covenants and other encumbrances that bind land or buildings. A solicitor in this field reviews and negotiates restrictions on use, checks what is permitted by planning and lease terms, and helps secure or challenge conditions that affect development or occupation. They also draft or amend covenants, register restrictions at HM Land Registry, and liaise with planning authorities to protect or enforce a client’s commercial interests.
The solicitor identifies the specific use restrictions, the parties who benefit from or owe duties under covenants, any permitted departures, and the remedies if a breach occurs. They work with clients to ensure enforceability, advise on potential compulsory acquisitions, and handle registrations, changes to title, and dealings with planning and regulatory bodies to preserve or adjust business operations under the relevant schemes.
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