They are not allowed to come onto the road

metroman

Right, here we go .... This is the wording on the TP1 Document.

Sorry its a bit messy. I typed it manually into Notepad, but when I copied and pasted it here, its come out all over the place, and I cant amend it.

13.1 definitions and interpretation

13.1.1 in this transfer "1994 act" means the law of property (miscellaneous provisions) act 1994

"property" means the land described in clause 4 hereof

"plan" shall mean the plan attached hereto

"retained land" means the remainder of the land retained by the transferor under title number ......

"service media" means the service pipes wires cables and other conducting media running through
in or under the property

"transferee" shall include the successors in title and owners from to time of the property or any part
thereof

"transferor" shall include the successors in title and owners from time to time of the retained land



"New restrictive covenants" mean;

1. Not to do or omit to be done any act or thing on or about the property the doing or admission
of which shall or may be or grown to be an annoyance nuisance damage danger or disturbance to the seller
or the owners or occupiers of any part of the retained land or adjoining or neighbouring property

2. Not to deposit any soil or materials against or abutting upon and of the boundary walls hedges or fences
dividing the property from the retained land or use and such boundary features as a means of support

3. Not to make any material alteration to the height or level of the surface of the property as existing
at the date of this transfer except so far as is essential to construct foundations and service installations

4. Not to do any act or thing which will damage or impede the flow of services through or obstruct the service media
running in on under or through the property serving the retained land and or any adjoining property

13.1.2 words imported the singular include the plural and vice versa and words importing one gender include both
genders

13.1.3 where the party comprises more than one person covenants and obligations of that party taken effect
as joint and several covenants and obligations

13.2. rights granted

the following easements and rights are hereby granted in favour of the transferee

13.2.1 the right for the transferee to connect into the service media and where necessary to alter their
routes and thereafter to the free passage and running of water sewage gas and electricity and other
services through the service media subject to the transferor paying a fair and proper proportion
of the cost of maintaining and renewing the same and in making any such connections to or moving
any of the service media to first:

13.2.1.1. ensure that no supplies of services to the retained land are disrupted unless alternative
supplies satisfactory to the transferor are first provided; and

13.2.1.2 obtain the consent of the transferor which will not unreasonably be withheld

13.2.2 the full right and liberty for the transferee with or without workmen at all reasonable times after
48 hours prior notice (except in the case of an emergency) to enter the retained land for the purpose
of maintaining repairing reinstating altering amending or replacing the service media subject to the
transferee making good any damage occasioned to the retained land by the exercise of this right
of entry as soon as reasonably practicably to the reasonable satisfaction of the transferor

13.2.3 the right of way (in common with others) at all times with or without vehicles over the land shown
coloured .... and ..... on the plan

13.2.4 the right (in common with others) to park private motor vehicles on the part of the retained land
shown coloured .... on the plan

13.3 rights reserved

the following easement and right is hereby accepted and reserved in favour of the transferor

13.3.1 the right for the transferor to free uninterrupted and unobstructed passage and running of
water sewage gas and electricity and other services through the service media together with the
full right and liberty for the tranferor with or without workmen at all reasonable times after 48 hours
prior notice (except in the case of an emergency) to enter the property hereby transferred for the
purpose of maintaining repairing reinstating altering amending or replacing the service media subject
to the transferor making good any damage occasioned to the property by the exercise of this right of entry
as soon as reasonably practical to the reasonable satisfaction of the transferee

13.4 transferees obligations

so as to bind the property and every part of it and for the benefit of the retained land an every
part of it the transferee agrees and covenants with the transferor that the transferee and its
successors title shall at all times strictly comply with the new restrictive convenants but not so
as to impose any personal liability on the transferee or any successor in title of the transferee after he
has parted with all interest in the property

13.5 declarations

13.5.1 it is agreed and declared that the transferee shall not be entitled to any easement or right of light
and air or other easement or right which would restrict or interfere with the free use of the retained
land for building developing or any other purpose

13.5.2 save as expressly provided herein this transfer does not include the benefit of any covenant or any
easement or right of water way light drainage or any other easements or rights and section 62
of the law of property act 1925 shall not apply to this transfer

13.5.3 for the purpose of 6 (2) (a) of the 1994 act all matter recorded in registers open to public inspection
are to be deemed to be within the actual knowledge of the transferee. For the purpose of section 2
(1) (b) of the act the words "at his own cost" are replaced by the words "at the transferees cost".
The covenant implied by section 3 (1) or section 3 (3) of the act (as appropriate) shall not extend
to any charge incumbrance or other right of which the transferor is unaware

13.5.4 all dividing walls and fences between the property and the retained land shall be party structures
(unless otherwise indicated) and shall be maintainable as such

G_M

I'd still rather see the Title itself, and see what documents it refers.
However, the relevant bits:

metroman wrote: »

13.1 definitions and interpretation

13.1.1 in this transfer "1994 act" means the law of property (miscellaneous provisions) act 1994

"property" means the land described in clause 4 hereof I assume this is your property?

"plan" shall mean the plan attached hereto

"retained land" means the remainder of the land retained by the transferor under title number ......and this is still owned by (the school?) whoever you bought your property from?

...

"New restrictive covenants" mean;

1. Not to do or omit to be done any act or thing on or about the property the doing or admission
of which shall or may be or grown to be an annoyance nuisance damage danger or disturbance to the seller
or the owners or occupiers of any part of the retained land or adjoining or neighbouring property
so potentially
* running a business might become an annoyance nuisance damage danger........... tea and cakes with the school governors to keep them sweet?

2. .......

3. ........

4. .........

13.1.2 ........

13.1.3 ......

13.2. rights granted

the following easements and rights are hereby granted in favour of the transferee

13.2.1 .......

13.2.1.1. .......

13.2.1.2 ........

13.2.2 the full right and liberty for the transferee with or without workmen at all reasonable times after
48 hours prior notice (except in the case of an emergency) to enter the retained land for the purpose
of maintaining repairing reinstating altering amending or replacing the service media subject to the
transferee making good any damage occasioned to the retained land by the exercise of this right
of entry as soon as reasonably practicably to the reasonable satisfaction of the transferor
so your workmen have a right of access to the retained land (does this include the drive?)

13.2.3 the right of way (in common with others) at all times with or without vehicles over the land shown
coloured .... and ..... on the plan
this applies to 'the transferee' (you, and by legal extension your family) - no mention of clients (though workmen are specifically included by clause 13.2.2)

13.2.4 the right (in common with others) to park private motor vehicles on the part of the retained land
shown coloured .... on the plan
as above

13.3 rights reserved

the following easement and right is hereby accepted and reserved in favour of the transferor

13.3.1 ......

13.4 transferees obligations

so as to bind the property and every part of it and for the benefit of the retained land an every
part of it the transferee agrees and covenants with the transferor that the transferee and its
successors title shall at all times strictly comply with the new restrictive convenants but not so
as to impose any personal liability on the transferee or any successor in title of the transferee after he
has parted with all interest in the property
"strictly comply"........

13.5 declarations

13.5.1 .......

13.5.2 s........

13.5.3 ........

13.5.4 .....

OK - so much for the "new covenants".

What about existing covenants? Are there any?

Again - look at the Registered Title.

metroman

Ok ... I have a Land Registry Document which is titled "Official Copy of Register of Title". Is the form you are interested in?

If so, it seems to be constantly referring to the transfer.

I will send the wording on this "Official Copy of Register" in my next post.

metroman

This is what is written in the "Official copy of register of title"



A. Property Register

The freehold land shown edged with ... on the plan of the above title filed at the registry and being (my address)

The land has the benefit of the rights granted by but is subject to the rights reserved by the transfer dated .... referred to in the charges register

The transfer dated ........ referred to above contains provisions as to light and air and boundary structures and other matters and a provision excluding the operation of section 62 of the law of property act 1925 as therein mentioned.

B. Proprietorship Register

Title Absolute

Proprietor .... The vendors of my now home

Restriction ... No disposition by a sole propritetor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court

C. Charges Register

1. A Conveyance of the land in this title and other land dated 9 October 1926 made between ..... and ..... (vendors) and (2) ...... (purchaser) contains restrictive covenants

2. A transfer dated 5th june 2008 made between (1) ...... and (2) .............. contains restrictive covenants

END OF REGISTER

Wilma33

metroman wrote: »

There is one client per hour arriving at 9, 10, 11 and noon.

What time are children coming in and out of the school? It is just the 9am client that is causing a potential issue? If so, could the time of that appointment be moved slightly just to keep the peace?

bobobski

metroman wrote: »

This is what is written in the "Official copy of register of title"



A. Property Register

The freehold land shown edged with ... on the plan of the above title filed at the registry and being (my address)

The land has the benefit of the rights granted by but is subject to the rights reserved by the transfer dated .... referred to in the charges register

The transfer dated ........ referred to above contains provisions as to light and air and boundary structures and other matters and a provision excluding the operation of section 62 of the law of property act 1925 as therein mentioned.

B. Proprietorship Register

Title Absolute

Proprietor .... The vendors of my now home

Restriction ... No disposition by a sole propritetor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court

C. Charges Register

1. A Conveyance of the land in this title and other land dated 9 October 1926 made between ..... and ..... (vendors) and (2) ...... (purchaser) contains restrictive covenants

2. A transfer dated 5th june 2008 made between (1) ...... and (2) .............. contains restrictive covenants

END OF REGISTER

I hope this is an old copy and you are now registered as the proprietor...

G_M

The Registered Title refers to several dfferent transfers, & conveyances.

We know you ahve the Transfer you previously quoted - do you have the others?

metroman

bobobski wrote: »

I hope this is an old copy and you are now registered as the proprietor...

Yes we are the proprietors

metroman

G_M wrote: »

The Registered Title refers to several dfferent transfers, & conveyances.

We know you ahve the Transfer you previously quoted - do you have the others?

Nope, I dont have any others. Should there definitely be some?

By the way, thanks so much for all your help and patience. Its being hugely appreciated

Running_Horse

Did you talk to the school about the loud teacher?

https://forums.moneysavingexpert.com/discussion/comment/64065828#Comment_64065828

Sometimes when a can of worms is opened it has unexpected consequences.