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Other Valuation Services

Positive and Negative Covenants and Rights Generally

Some freehold interests and all leasehold interests have covenants or clauses in favour of the owner and to other parties such as the landlord. Each covenant will impact on the value of the interest to a greater or lesser degree. When you are asked to release someone from that covenant or to give up your own rights under that covenant then there is a value to this which needs to be established and negotiated.

Whitecroft can advise on this and assist with negotiating and securing the best terms for release of covenant.

Right of Access

Rights of Access run specifically with the land and for specific purposes – if someone (including a CPO Authority) has a right of access over your land but suddenly starts to use it more intensively or to access other new land then, unless it is permitted in their deed or conveyance, they need your permission and that can be for a value based on a proportion of the benefit they enjoy.

Whitecroft Property Services can assist with the quantification and apportionment of value to both parties and negotiate the optimum settlement. Likewise if your right of access is being interfered with, Whitecroft can advise.

Rights of Light

Whitecroft Property Services can assist with the valuation and negotiations for the release of your rights to light or assist in resisting their loss.

Other Rights

Dominant and subservient tenements on water pipes and water courses somebody interferes with your drainage or indeed your right to receive water to, for example, a pond.

Rights to prevent certain trades and activities.

Section 237 of the Town and Country Planning Act 1990

If you have a right (for example, a right of way) over land that is being acquired by the Council / authority then there is the possibility that they will seek to extinguish that right under section 237 of the Town and Country Planning Act 1990. Your remedy is statutory compensation and Whitecroft can assist with the valuation, negotiation and settlement of this matter to secure the best terms.