By Will Griffiths, Associate

Rights and restrictions over land, such as restrictive covenants, easements, and access rights, are a common feature of property ownership. Created to regulate the use and enjoyment of land, they can have a significant impact on how land is used, developed, and ultimately valued. While many continue to serve their original purpose, others may reflect circumstances that have since changed, meaning they are no longer required or no longer provide the intended benefit.

These constraints can either limit development or create opportunities for landowners who control them. Understanding their role and their value is key to making informed decisions.

Why They Matter

Whether benefiting from a right or being subject to one, these constraints often become critical where land has development potential. They can:

• Prevent or delay development, even where planning permission exists
• Restrict layout, density, or access
• Reduce land value by constraining its optimal use
• Create “ransom” situations where value is unlocked only through agreement

Equally, for those who control access or benefit from a restriction, these rights can represent an opportunity, particularly where their release or grant enables development.

Valuing Rights and Restrictions

Assuming the right or restriction is no longer required, a key question in these situations is:

What value is created by granting, modifying, or removing the constraint?

This is typically assessed by comparing:

• The value of the land in its current constrained position, and
• The value once the right is granted or the restriction is lifted

The difference represents the uplift in value.

In practice, agreements are often based on a share of this uplift, reflecting:

• The importance of the right or restriction to the development
• The availability (or absence) of alternatives
• The dependency of the development on its release or grant
• Market precedent and established valuation principles

Case Study: Removal of a Restrictive Covenant

We were instructed by a client who had been approached by a neighbouring landowner seeking the removal of a restrictive covenant affecting a 0.3-acre parcel of agricultural land in Cheshire.

The covenant prevented development on the site. Although planning permission had been granted, the restriction limited delivery of the scheme and reduced the site’s value.

Our Approach

We assessed:

• The site’s value in its current constrained position
• Its value assuming the covenant was removed

This allowed us to isolate the uplift directly attributable to its release.

Outcome

We identified a clear increase in value and advised that a proportion of the uplift should form the basis of any payment. Applying the principles established in Stokes v Cambridge Corporation [1961], a 33% share of the uplift in value was adopted as a benchmark, providing a robust and defensible basis for negotiations.

A settlement was ultimately reached on this basis, reflecting a 33% share of the uplift between the land’s agricultural value and its development value unlocked by the release of the restriction. This resulted in a settlement worth several hundred thousand pounds and brought the matter to a successful conclusion.

Key Insight

The value of rights and restrictions often lies not in the land they affect, but in the development potential they control or unlock.

Get in Touch

Whether you are:

• Looking to unlock land affected by a restriction, or
• Being asked to grant or release rights over your land

It is essential to understand the value implications before entering negotiations.

We would be happy to discuss your situation and help you achieve the best possible outcome.

Contact us on 01606 523 030 or email northwich@bellingram.co.uk

Article posted on 30/03/2026

Growing Economic Value from Forestry in the Scottish Borders

By Sam Guthrie, Forest Manager, Bell Ingram

One of the biggest barriers to economic growth in rural Scotland is not a lack of ambition, but the practical challenge of how to unlock value from land that is difficult to access, manage or develop using conventional methods.

At Talla Reservoir in the Scottish Borders, we are seeing how innovation can fundamentally change that equation.

Working with Scottish Water and delivery partners, our Forestry team at Bell Ingram has helped increase the stocking of an existing native woodland created using heavy-lift drones, with permission to operate beyond visual line of sight. Using drone and seed pelletisation technology, 2.1 million native tree seeds have been dispersed across steep, inaccessible ground – land that would otherwise have taken centuries to colonise with trees.

From an economic perspective, the significance of this approach cannot be overstated. Traditional planting methods on terrain like this are slow, labour-intensive and expensive. By contrast, drone seeding allows large areas to be treated efficiently, safely and at scale, reducing costs while accelerating delivery. It opens up a viable route to productive land use where previously there were few realistic options.

The wider Talla Water Woods project is expected to cover over 80 hectares, combining upland and montane scrub planting, with the ecotones blended between. Beyond the clear environmental benefits, the project is designed to deliver long-term economic value by improving land resilience, protecting critical water infrastructure and reducing the energy and cost associated with water treatment during extreme rainfall events.

In practical terms, stabilising soils within the catchment helps reduce the volume of organic material entering the reservoir, making treatment simpler and more efficient. That represents a direct operational saving – and a strong example of how well-planned woodland establishment can support core business objectives.

What is particularly exciting about projects like this is their wider potential. As land and forest managers and advisors, we are increasingly being asked to help clients balance commercial performance with climate, biodiversity and community expectations. Innovative solutions such as drone-enabled woodland establishment offer a way to do exactly that – turning challenging landscapes into assets that deliver multiple, long-term returns.

At Bell Ingram, our role is to help landowners and organisations navigate that complexity: aligning new technologies with sound forestry practice, robust governance and a clear understanding of long-term land value. Talla demonstrates that economic growth in rural Scotland does not have to come at the expense of environmental stewardship – in many cases, the two go hand in hand.

As pressures on land continue to evolve, the ability to think differently about how land is used, managed and invested in will be critical. For me, projects like Talla Water Woods show that innovation is not just about new technology – it’s about creating smarter, more resilient rural economies that are fit for the future.

Article posted on 30/03/2026

Brief

Bell Ingram was instructed to secure land access over agricultural land to enable a contractor’s compound and access track for works associated with an upgrade to an existing Above Ground Installation (AGI).

Our initial quotation was prepared before specific landowner concerns were known.

Process

During negotiations, the landowners raised concerns that the proposed compound and access arrangements could conflict with their existing environmental stewardship agreement with Natural England.

We reviewed the relevant environmental agreements and advised the client on the potential implications, including the need to consider a ‘Force Majeure’ notification. We provided clear justification for additional costs associated with managing this process alongside the landowner.

Working collaboratively, we agreed a solution that avoided intrusive works and prevented damage to the land, protecting both the stewardship agreement and project programme.

During delivery, European protected species, Great Crested Newts were identified on site. To ensure the works could proceed lawfully and without delay, we liaised with Natural England and Cheshire Wildlife Trust, attended site meetings and prepared the necessary application for District Level Licensing.

Outcome

Through proactive engagement and clear advice, Bell Ingram secured the necessary access while managing environmental and ecological constraints effectively.

By identifying risks early, coordinating with regulators and maintaining open communication with the landowner, we protected the client’s programme and ensured the works proceeded compliantly and without delay.

Article posted on 30/03/2026

Article posted on 05/03/2026

Article posted on 13/12/2019