residency clause

aido76

Hi, A friend of mine has planning permission on a site her parents gave to her. There is a residency clause with it. Her solicitor is now telling her that her partner may not be able to reside in the house when its built because of this clause and the fact they are not married. His name is not on the planning permission. Anyone know what the situation is with this? Is her solicitor right, or does it matter once she is resident in the house?

Thanks

Gumbo

aido76 wrote: »

Hi, A friend of mine has planning permission on a site her parents gave to her. There is a residency clause with it. Her solicitor is now telling her that her partner may not be able to reside in the house when its built because of this clause and the fact they are not married. His name is not on the planning permission. Anyone know what the situation is with this? Is her solicitor right, or does it matter once she is resident in the house?

Thanks

Can you copy and paste the clause?
I'd imagine that once one of you meet it then its ok, the LA cannot police who a person dates or fools around with

B-D-P--

I'd be saying its Bull..

Where does this clause say it do ya know?

sydthebeat

aido76 wrote: »

Hi, A friend of mine has planning permission on a site her parents gave to her. There is a residency clause with it. Her solicitor is now telling her that her partner may not be able to reside in the house when its built because of this clause and the fact they are not married. His name is not on the planning permission. Anyone know what the situation is with this? Is her solicitor right, or does it matter once she is resident in the house?

Thanks

Complete bullsh!te

If the permission a given to her and she resides in the house, no one can tell her who she can have live there

Thoie

I wonder did she pick up the wrong end of the stick?

If the clause stipulates that she must live there for x years, and the boyfriend moves in and is helping with payments, you could have a scenario where if they split up he gets the house, which would go against the residency clause.

So the problem may not be him living there, but him being a part-owner if that's the route they were thinking of.

ht9zni1gs28crp

Sounds a load of bull, married or not...Its a clause to prevent holiday home building. Although the mortgage provider may be getting stickier with it and whose names are on the mortgage versus planning. Not that the two can be legally stuck together mind.

Metric Tensor

Sounds ridiculous to me. What if she got pregnant - would her son or daughter not be able to live there either?!!!

The only angle I can see having any validity is some sort of potential issue arising out of a relationship breakdown and the rights of the boyfriend - however, even that is anything but clear cut.

I'd like to see the actual advice the solicitor gave in writing so that we could figure out whether there has been some misunderstanding.

Angry bird

Utterly incorrect information from the solicitor, how he/she can come out and advise a client on this is baffling.

Calahonda52

aido76 wrote: »

Hi, A friend of mine has planning permission on a site her parents gave to her. There is a residency clause with it. Her solicitor is now telling her that her partner may not be able to reside in the house when its built because of this clause and the fact they are not married. His name is not on the planning permission. Anyone know what the situation is with this? Is her solicitor right, or does it matter once she is resident in the house?

Thanks

Are the parents bible bashing, goD fearing Catholic church goers who have dreamed up this anthology to get the partner to get a dog licence