- December 3, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder: A Solution for Unforeseen Property Restrictions
Introduction
We recently purchased a new house with the intention of converting the garage into additional living space. However, we have encountered a setback due to an unforeseen restriction that was not disclosed to us prior to the purchase. In this extended version of the original content, we will delve into the details of the situation, as well as explore how the AI Legalese Decoder can assist in preventing such issues in the future.
The Situation
Upon purchasing the property, we were not informed by our solicitor about any restrictions regarding the conversion of the garage. We proceeded with engaging an architect and submitting a building warrant application, all under the assumption that there were no issues with converting the garage into livable space. However, we recently discovered that the planning permission for the house included a condition that the garage must always remain as such. This has led to a complaint from a neighbor and has subsequently caused a great deal of frustration and inconvenience.
The Need for AI Legalese Decoder
In situations like ours, the AI Legalese Decoder could have played a crucial role in preventing such oversights. Utilizing advanced algorithms, this tool can thoroughly analyze property documents and identify any restrictions or conditions that may impact desired renovations or usage. In our case, the AI Legalese Decoder could have flagged the restriction on converting the garage, allowing us to address it proactively before proceeding with the purchase and subsequent renovation plans.
Moving Forward
Even though we are now facing the task of applying for the restriction to be removed, the AI Legalese Decoder can serve as a valuable resource for future property transactions. By using this innovative technology, individuals can gain peace of mind knowing that all potential restrictions or conditions have been thoroughly reviewed before finalizing a purchase. This can prevent the frustration and inconvenience that we have encountered and ensure that all parties involved are fully informed and prepared.
Conclusion
In conclusion, the inclusion of the AI Legalese Decoder in property transactions can significantly contribute to a smoother and more transparent process. By harnessing the power of artificial intelligence, individuals can avoid unexpected restrictions and make well-informed decisions regarding property purchases and renovations. In our case, the AI Legalese Decoder could have prevented the overlooked restriction on the garage conversion. As we navigate the resolution of this issue, we recognize the immense value of utilizing advanced technologies to mitigate similar challenges in the future.
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Original Content:
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AI Legalese Decoder: Simplifying Legal Language
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One of the primary benefits of AI Legalese Decoder is its ability to save time and energy for individuals who need to understand legal documents or contracts. By using this software, individuals can avoid the need to hire expensive legal professionals to interpret documents for them, ultimately saving them valuable resources that can be allocated to other aspects of their business or personal lives.
In addition, AI Legalese Decoder is incredibly versatile and can be utilized across a wide range of legal documents, from contracts and agreements to legal notices and court documents. This means that individuals can rely on the software to provide accurate and reliable translations for a variety of legal materials, without the need for extensive legal expertise.
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AI Legalese Decoder is a powerful tool that is designed to simplify the complex and often confusing language found in legal documents. For non-legal professionals, understanding legal jargon can be a difficult and time-consuming task. By using AI Legalese Decoder, individuals can save time and energy by avoiding the need to hire expensive legal professionals to interpret documents for them.
This software can be incredibly helpful for individuals who need to understand legal documents or contracts, as it translates complex legal jargon into plain, understandable language. By using AI Legalese Decoder, individuals can ensure that they are fully informed about the legal implications of the documents they are dealing with, enabling them to make informed decisions and avoid potentially costly legal misunderstandings.
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****** just grabbed a
So far you seem to be relying entirely on this neighbour’s word on what their recollection is. There’s no covenant on your deeds, no record of this stipulation you can find, and work is nearly complete.
Personally I would wait to see what happens. If the neighbour complains to planning, take it from there.
Have you been given hard proof that there’s a restriction on YOUR property?
Could your neighbour have a restriction and therefore be assuming you also do?
WhatÔÇÖs the local authority in question? Often you can download (up to) around 10 years worth of documents from their respective websites. HavenÔÇÖt heard of one where they would remove them so soon. Even if thatÔÇÖs the case, the planning department should be able to provide you with a copy.
How would the solicitor have known if it wasnÔÇÖt in the deeds and the sellers didnÔÇÖt disclose?
You can apply for planning permission over someone elseÔÇÖs land, for just this reason. So you can buy something knowing you can develop it.
If the only record of the restriction your neighbour mentions is in your neighbourÔÇÖs mind, it may not matter. You donÔÇÖt mention whether they showed you any documents or whether the council had a record somewhere other than its website. You donÔÇÖt say by whom you are being told. It sounds otherwise as though permission was given just for a garage. If your neighbours are objecting, and the garage is otherwise within permitted development, I wonder why they havenÔÇÖt just called the council to enforce against you.
If you are talking about suing your solicitor I think you may find you asked a very specific question and it was answered properly. If youÔÇÖd asked ÔÇ£do we need planning permissionÔÇØ, thatÔÇÖs different.
House purchase and planning permission are two separate entities. Check your local planning authority (which is most likely your local council)’s planning guidance on how many parking spaces are needed for your type of property (it’s usually based on the number of bedrooms). That will give you a better idea of whether your retrospective application is likely to succeed.
NAL
Unless it’s a restrictive covenant on your title deeds then it doesn’t matter. You can convert it under permitted development. Check your deeds and if you don’t have a copy get them from the land registry online for ┬ú3. Even then it’s up-to who is to benefit from that restriction to enforce it.
If the planning department wanted to prevent it they would need to have added it to your deeds. If they just have a general plan to prevent it at the planning permission stage well they missed it, as you “generally” don’t need planning permission.
Out of interest, did you get a lawful development certificate before you began the works to confirm it falls within permitted development rights
During the searches surely all planning documents would have come up during the local council search. Including planning for all neighbours. Go and find that and have a read
Could be the neighbour playing the ÔÇ£legalÔÇØ card to get there way, could also be that the developers lifted the restrictions to get rid of the last lot of properties, you need to check with your solicitor mate
Sounds like thereÔÇÖs no proof of this restriction? Crack on.
Local town councillor here. We have a new build estate with the same type of restriction. Every time an application is made to convert the garage we submit an objection. Where we live planning is decided at the county council level, local town council can make comments but not decide the outcome. At the county level the planning officer has ignored the conversion restriction and allowed the build even though it was the same Council department that insisted on the conversion rule in the original build. The key issue seems to be making sure that a new off road parking space is created in the plans, if you can show this then permission is easier to grant.
I would engage an architect who has good experience with the local planning department and submit an application.
Not a lawyer
I think the fact that you specifically asked and were told there would be no problem really plays into your hands here.
Have you spoken with the solicitor since the restriction came to light? It might be worth looking at your house insurance to see if it includes any legal cover
someone’s not telling the truth. as part of the conveyancing process, your solicitor instructs a local authority search which, amongst other things, reveals the planning history of the property. they will then request the relevant planning consents, review them and report on any onerous conditions (as per the above).
what I will say is it’s unlikely that a property developed as part of a wider new build estate will have a specific condition re garage unless it relates to every property on the estate.
Never undertand people who complain like this, what effect does you converting your garage have any effect on them at all, so pathetic some people
I have a similar restriction on my house. Our solicitor told us about it before we moved in as part of the searches. If the documents weren’t on the council website your solicitor should have requested paper versions for the searches.
> We’re being told….
By who? If both the council and your solicitor are telling you this then that’s the answer. If not, ask them to get the answer. Don’t rely on what your neighbour says.
I’d have thought applying for retrospective planning permission would be an option as well.
If your solicitor didn’t tell you about the restriction I’d expect them to pay for the planning permission/removing the restriction.
Modern estate planning sometimes designates 1.5 parking spaces per dwelling, with the .5 being a garage that provides secure parking for smaller items such as bicycles & motorbikes, whilst the 1space is usually on a communal driveway.
This may be what OP has?
The Local Authority don’t delete documents after 3 months. They may not be available on their website but they will still have them. Call them or go to their office and ask for a copy.
Planning officer here. The condition restricting the use of the garage should have been on the land charges register and revealed when your solicitor did the land charges search. If this information was missing or if the solicitor didn’t do the search correctly, it doesn’t mean that it isn’t valid. If you convert the garage without permission, this is a breach of planning. As well as the wording of the condition, there should be a reason why it was imposed. Not sure if you have mentioned where the house is but if it is in a busy city/town, it’s likely it was imposed as removing off street parking displaces a car onto the street, thus increasing on-street parking pressure. It’s unlikely the LPA will simply allow the loss of the garage without sound justification or works to balance the loss. If the garage is really too small to park a car, the argument could be that there would be no displacement as no car could park there anyway. Alternatively, you could pay for the Council to provide a new on-street parking space. It’s likely that there is a dropped kerb to provide access to the garage. The Council could reinstate the kerb, which would provide an area where a parking bay could be provided. You’d need to pay for the works though.
What was the planning permission granted for / authorising you to do?
Have you read your deeds to see what it says? That would be your first port of call.
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Likely, neighbour has the restriction due to no driveway, and you don’t due to having a driveway.
NAL With the restrictive covenant items, these can be buried in the original planning grant for the estate, rather than on that which appears on the deeds
The transfer would usually say if the garage is to only be used as a garage. Planning permissions can also stipulate this. How old is the property? If the planning is conditional then a copy should have been obtained and reviewed before exchange. IÔÇÖve never known a local authority to remove them after 3 months; thatÔÇÖs absurd.
What does it say on the deeds?