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We have recently found what seems the ideal piece of land, but were disheartened by a couple of the restrictive covenants contained in the contract documents:
Not to use the Property otherwise than for agricultural purposes
Which begs the questions.
Would an agriculturally tied dwelling constitute "agricultural purposes" ? Or is that residential purposes.....?
A "grey area" I am told by our solicitor.
Does anyone know of any case law precedents?
Then this little nugget of un-punctuated legalese.
Other covenants
With the object and intent of affording to the Transferors a full and sufficient indemnity but not further or otherwise the Transferees hereby jointly and severally covenant with the Transferors that they the Transferees will henceforth duly observe and perform the restrictive and other covenants contained or referred to in the registers of the Title above mentioned and will at all times hereafter indemnify and keep indemnified the Transferors and their estates and effects from and against all actions proceedings costs claims demands and liability whatsoever in respect of any future breach non-observance or non-performance therof
Does that mean that we would have to cover all of their legal costs to establish whether or not there was a breach of covenant even if there was deemed not to have been?
Are we also liable if they breach covenants relating to service/track maintenance?
Any advice is welcome as this landowning malarky is all new to me. If my worst fears are correct then either of these could be show stoppers even if we can eventually win the agreement of the planners.
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