Originally Posted by
CTMilller
Rothbiz, I've just looked at the website of the agent selling the property, Lambert Smith Hampton, and, while the Mausoleum site is clearly excluded from the area of land designated on their map as being for sale, this is not the case for the graveyard which is, very evidently, included.
This seemed a little surprising. However, given that the graveyard is protected by a covenant, it may well be entirely logical. The buyer acquires the parcel of land including the graveyard and, on the face of it, would not be able to develop the protected area.
My concern would be with determining how easily a purchaser might be able to overturn the covenant, have the graves transferred elsewhere and then develop the land commercially. A quick look on Google Maps satellite view suggests that the graves occupy perhaps 30-35% of the land area and are inconveniently in the centre of the available space.
At the risk of expecting too much of you, could you comment on the likelihood of agreement being given to overturning the covenant and consent being granted to develop the whole site - especially in view of RMBC's vested interest as a creditor in getting some reimbursement for what they've spent to clear the land after the fire?
If I was a predatory developer, this is what I would be looking to do.