There is a common misconception that houses subject to an “agricultural tie” have to be advertised for sale for at least a year prior to attempting removal of the condition. This is not always the case and there are several questions that should be explored before marketing is considered.
• Has the property been built in accordance with the approved plans?
• What is the exact nature of the condition and to what geographical area is it restricted?
• Is the condition enforceable?
• Has the condition been complied with? if not how long has that breach of condition occurred?
• Can it be demonstrated that marketing the property would serve no useful purpose?
The answers to these questions can, in many situations, provide opportunity to effectively remove an occupancy condition without the requirement for a marketing exercise. To discuss this issue in more detail please contact Ben for a free no obligation chat.