Land with restrictive covenant and contaminated

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Ok so we’ve seen a plot we’re interested in purchasing but it’s really a gamble. We’d like to build a dwelling eventually in the next 10 years or 15 years or so.

Area of outstanding natural beauty, maybe conservation area, restrictive covenant to only use for camping, land contaminated with asbestos, some old dilapidated buildings may house bats or barn owls etc, telephone or electricity wire fully overhangs/overcuts the plot.

AIBU to think we could buy this land and then tackle each challenge one by one over the years (ie legal process to remove covenant, process to remove and rectify contamination, eventually build sympathetic low key property in keeping with hamlet aesthetic in local stone after a few years of carrying out all the legal and other changes/ remedies?

Call me crazy. I’m new to all this!

I'd really like to see the property now, with bats and barn owls Is there a link?

It’s going to be tricky and costly to do what you want….

I might sound like the voice of doom and a killjoy, but have seen this stuff before and it can bankrupt people, so go in with your eyes open.

Firstly, it is very difficult to “remove” a restrictive covenant. The obligation in a restrictive covenant binds to the land (beneficiary’s land and burdened land), not the current owner and will endure through successive ownership unless it is legally removed from your title and theirs. It can be removed, but it’s a long, slow process requiring consent(s), from everyone whose land has (or might possibly have) the benefit of the restriction and their lenders (if mortgaged) and forms filed at HM Land Registry for your land and theirs. Plans relating to the extent of restrictive covenants are often unclear and the Land Registry are both super-cautious and overwhelmed with work so build in delays of 6 months simply to register any final agreements. Requesting consent to discharge a restrictive covenant also alerts the beneficiary that they have the rights (sometimes long forgotten), so they may object and can halt and prevent development. You can’t avoid this step, because the Land Registry will have to be involved. The beneficiaries do not need to be reasonable if they have the legal benefit and it is within their rights to enforce their covenant. Removal from the title will certainly involve solicitors’ fees, Land Reg fees and - possibly - compensation payments to people giving up their rights. I have seen multi million £ developments prevented by restrictive covenants over 100 years old.

Asbestos - it’s not a matter of carting panels down to council tips wearing gloves and masks. It is bloody dangerous stuff and you should have an asbestos survey done which will identify type, condition and recommend next steps. You may have a contaminated land issue and you will need to decontaminate it, firstly by removing the asbestos which, unless done by an authorised, specialist contractor means you could be releasing contaminants. It is a criminal offence to release fibres and contaminate land. Contaminated land can prevent development and clean up costs are £££, nevermind the health and safety aspects of asbestos fibres blowing around. An asbestos survey would tell you what’s what, if there’s time to get one before the purchase. I don’t know the local circumstances or council, but you may need environmental survey reports to develop on the land, which would test for contaminants so it’s best to know early.

Bats - disturbing roosting bats is a criminal offence in England. Ditto great crested newts and other wildlife. Bats can be professionally moved. Factor in costly experts reports, and it’s £££ to move them elsewhere safely, if ultimately permitted. It would require a licence from Natural England (not always given).

Thank you very much everyone for your advice which has been invaluable