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Can anyone translate this EA speak please??

10 replies

Buda · 21/05/2009 08:55

"AGENTS NOTE

AGENTS NOTEThe garden to the side of the property will be subject to an uplift clause should there be further development in the future. Further details will be provided by X."

Noticed the above paragraph on details of a house I was looking at - anyone any ideas what it means please?

OP posts:
noddyholder · 21/05/2009 08:57

Does it mean that while there is no development it will remain as is but if further devt occurs it could be used?

Hassled · 21/05/2009 09:00

Old thread here

Buda · 21/05/2009 09:05

Ah. I get it now. Thanks! I knew someone here would know.

So if we never planned on developing the garden by building an in-fill house then it wouldn't apply?

OP posts:
noddyholder · 21/05/2009 09:08

Maybe if you built on it and profited the original developer could have a stake in any profit?

Buda · 21/05/2009 09:38

Can't see that we would build on it but we will look into it more closely.

OP posts:
lalalonglegs · 21/05/2009 12:52

It means if you try to build on it, the vendor will want a share of the profits. Completely immoral in my opinion.

noddyholder · 21/05/2009 12:59

lala does that include extensions or just a new build whole property? mini hijack!

lalalonglegs · 21/05/2009 13:03

It would depend on the details but, yes, it can include extending current house and, in one case I came across, even renovating existing one. More usually it is building separate dwelling though.

Buda · 21/05/2009 13:34

I have never heard of it before. Wonder what would happen if we bought said property, didn't build but then sold on to someone who did. Presumably the uplift has a life span. I presume it depends on how it is written.

OP posts:
lalalonglegs · 21/05/2009 16:39

If the land has no planning permission but you got consent to build a house then sold, there would be uplift and therefore they could chase you for the money. I suppose it depends if the wording says any subsequent owners but, if it does, then presumably they could chase whoever buys the land without consent, gets through planning and builds on it. As I said, I think it is immoral.

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