Owners of property who have sold off a house, cottage, or plot of land for building and have imposed restrictions on the"sold off" property to protect their amenity, need to check whether those rights will remain enforceable after 28th November 2014.
Rights which relate to services and access will continue to be enforceable but if an owner has restricted a third party's rights in relation to what they can do with the property - e.g. they cannot extend it without consent then such rights may be lost on 28th November 2014 unless an owner takes action.
What such an owner should do without delay is:-
- identify any specific properties about which they are concerned: if owners have sold off a lot of properties and/or there have been historic split offs, it may not be practical to check every single one before the 28th November deadline. Owners may be concerned about specific properties given their (physical) location or if any development would have a particular impact upon them;
- contact their solicitor advising which properties they are concerned about;
- ensure the relevant titles are checked;
- ask their solicitor to register a Notice if the burden would otherwise be lost.