Controls on what you can do

Consents

Consents

The consent of others may be required to authorise changes to the use, occupation, alteration of  to obtain  planning permission for property.

  • If property is held under a lease the terms of the lease will commonly restrict how the property can be used, who can occupy and use it, whether and how the property can be altered, and whether the consent of the landlord is required for an activity or change. [What’s in a lease]
  • Commercial mortgages over property will contain additional restrictions on what you can do that may be similar to those under your lease.  If you do not have a copy of your mortgage and do not wish to contact the lender, a copy can be obtained from the Land Registry.  Funding agreements are often also secured by mortgages. [Mortgages and charges]
  • Capital and occasionally revenue funding agreements may also involve a mortgage over the property which will permit the funder to sell or appoint a receiver to take control of the property if there are breaches of the agreement.  They may contain additional restrictions. [Mortgages and charges]
  • Revenue funding agreements and capital funding agreements may have stipulations that you must use a property in a particular way.  Sometimes breaching those provisions will permit the funder to take legal action against you. [Legal relations]
  • Sometimes older funding agreements in London are subject to additional obligations registered at the Local Land Charges register under the Greater London Council (General Powers) Act 1974.  These have a similar effect to mortgages but will be evident from searches of the Local Land Charges register, rather than the Land Charges register.  [What the local land registry shows you]
  • Neighbouring owners may have rights of way or rights of light (rights to receive sunlight through windows) over your property.  These may have been granted a long time ago  or may have been acquired by long use.  They may or may not appear on the Land Register of your property. [Neighbours and the public]
  • If you have a building in which there are occupiers either under leases or occupational licences or hire agreements, you should be aware of what particular rights you may have granted to them or what their reasonable expectations might be where there are no clear indications of this. [Occupiers and users]
  • Any property may be subject to restrictive covenants.  These give freehold neighbouring owners the right to seek an injunction or compensation if you use the property in a way that is prohibited by the restrictive covenant, unless they consent to such use.  Any restrictive covenants will be shown on the Land Register of the property. [Restrictive covenants]