Having something along those lines added to my deeds (and they are
deeds - no land registry certificate here!) in order to protect a
family burial plot - any new owners must keep the designated area in
good order - not allow any excavations, nor build on it. Must also
allow access on particular anniverseries - which gives those who have
an interest a chance to inspect and verify the conditions are being
adhered to - and if necessary operate a snatch-back of the property.
Should keep the new owners in order ...
(Please put out the cats to reply direct)
Probably not enforceable, though!
I was under the impression that civil law doesn't allow a disproportionate
penalty clause to be enforced. I thought only criminal law allowed fines,
which is what this clause amounts to.
"Christian McArdle" wrote
| > Slightly menacingly, if any proprietor shall contravene or fail
| > to implement any of the foregoing burdens then his title to his
| > property and all that follows thereon shall in the option of us
| > become null and void and the proprietor shall forfeit his whole
| > right and title to the dwelling house and common parts...
| Probably not enforceable, though!
| I was under the impression that civil law doesn't allow a dis-
| proportionate penalty clause to be enforced. I thought only
| criminal law allowed fines, which is what this clause amounts to.
As the superior is the Council they can probably do what they like. Perhaps
they will reposess everyone's flat if we put recyclables in the
On Wed, 12 Nov 2003 17:23:06 -0000, "Christian McArdle"
This seems to be a common one. Mine is worded more along the lines of "may
not run a business", so I quietly work from home and raise two fingers to
it. There are a couple of exclusions - usual mafia, doctors and lawyers I
Seen it all, done it all, can't remember most of it.
On Thu, 13 Nov 2003 01:53:52 -0000, "nightjar" <nightjar@<insert my surname
here>.uk.com> wrote:>Restrictive covenants aside, it is a problem if the Council find out that
Working from home, in my case, does not imply I own or run a business. I
remain an employee. I would be particularly hacked off to be held up for
business rates, as I cannot even claim any element of personal household
expenditure against tax (my employer has some office facilities which I
Extra credit: Define the universe and give three examples.
Your status within the business is irrelevant. If part of the property is
used for business use, for example a room that is set up as an office, then
business rates should be paid on that part (as well as having planning
permission for the change of use). OTOH, if your house is entirely domestic
use and 'working from home' simply means that you use it, for example, as
base from which you travel to customers' premises, then business rates are
probably not due.
On Thu, 13 Nov 2003 15:14:07 -0000, "nightjar" <nightjar@<insert my surname
Without wanting to get into too much of an argument, is it okay if the home
office can be used for other (domestic) purposes ? In my case, it still has
all the dining room furniture that was here before I started home-working.
My understanding is that no business rates would normally apply in this
The only people who can give you a definitive answer on that are the local
rating department, but you probably don't want to ask them. On a property
where I had mixed use, a certain percentage of the total area was deemed to
be business use and the rates were payable on that.
Our mixed use of the property pre-dated council tax, so a man from Inland
Revenue came around to discuss exactly how we were using the property and
both the business rates and the council tax band came out of that.
"The Valuation Office is an Executive Agency of the Inland Revenue"
They like to point out that they are not part of your billing authority or
council, and hence don't actually collect any money from you, they just do
the banding (or business rateable value).
My VOA officer is quite nice.
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