Making sense of a propery/land registry

Grenage

Hi guys,

I consider myself to be of adequate nous, but attempting to make black and white sense out of a registry document is making feel positively simple. This is a house we wish to buy, and the house is number 12; there is access across other's land to the garage at the rear of the property.

The land has the benefit of the following rights reserved by the Transfer dated 6 July 1967 referred to in the Charges Register:-

EXCEPT AND RESERVING unto the Transferors and owners and occupiers of Number 12 STREET NAME the right to enter upon the premises hereby transferred for the purpose of repairing or renewing the fence dividing Number 12 from Number 14 and the garage now situate at Number 12 except also for the right of the gutters

So this grants me access to 14's land for maintaining the fence and garage?

The land has the benefit of but is subject to the following rights contained in a Transfer of the land in this title dated 30 April 1975 made between (1) PERSON1 and PERSON2 and
(2) PERSON3 and PERSON4:-
"Together with for the Purchasers and their successors in title EXCEPT AND RESERVING unto the Vendors and their successors in title a right to lay and maintain a drain connecting any property hereafter erected on the Vendors adjoining or adjacent land connecting the same with the public sewer running through the land and premises hereby transferred."

So they've got the rights for access to connect draining in the future?

The land has the benefit of the following rights granted by a Deed dated 27 May 1983 made between (1) and (2) and (3) and (4):-
"We the said (1) and (2) both of OTHER ADDRESS as
beneficial owners hereby grant to (3) and (4) his wife both of 12 (house address) and their successors in title a right a right of way at all times and for all purposes solely for the use of the property registered under title number XXXXX and the owners and occupiers thereof over and along the drive coloured brown on the accompanying plan contributing a rateable proportion of the costs of maintaining the same

This says that we have access, but need to pay a 'rateable portion' of the maintenance. Does this mean that if four properties benefit from this access, should the driveway need redoing, the cost would be split 4 ways? Does it mean that it's split by property value, or a simple 25% each way?

The land hatched brown and tinted pink on the filed plan is subject to the following rights reserved by the Transfer dated 3 November 1964 referred to above:-
"EXCEPT AND RESERVING unto the transferor and his successors in title(a) the right to lay and construct under on or through the land and premises hereby transferred all necessary pipes sewers or drains for water and soil to serve the transferors adjoining land edged red on the said plan and any buildings erected or to be erected thereon within twenty one years hereafter with full right and liberty to use such pipes sewers or drains and the existing pipe sewer or drain shown by the blue dotted line on the said plan and to connect thereto and with or without workmen to enter upon the land and premises hereby transferred for the purposes of laying constructing connecting inspecting maintaining repairing and renewing all pipes sewers or drains the person or persons exercising such right forthwith making good all damage thereby occasioned SUBJECT to the transferor and his successors in title paying one half of the cost and expense of maintaining repairing and renewing the said pipe sewer or drain and (b) a right of light and air at all times hereafter over the land and premises hereby transferred which might restrict or interfere with the free use of the transferors adjoining land edged red for building or any other purpose."

The brown land is the access rights to the garage, and the pink land is the house and garden. Does this mean that from 1964 we had 21 years to lay new drainage across this area?

A Conveyance of the land hatched brown on the filed plan and other land dated 19 March 1903 made between (1) and (2) (Vendor) and (3) (Purchaser) contains the following covenants:-
COVENANT by Purchaser with Vendor that (1) Every house or building shall be set back twenty feet from Drayton Lane aforesaid (2) No part of the land shall be used or sold for the pupose of being used as the site for a Shop, Public House, Beerhouse or place of business or manufacture of any kind whatsoever or any place of public worship
(3)
No bricks or tiles shall be made or burnt upon the land nor shall any
excavations be made thereon except for the purpose of forming the
foundations of any building to be erected thereon. No hut shed caravan house on wheels shows swings roundabouts shooting galleries or anything in the nature of public amusements shall be erected or permitted upon the land.

We can't build anything in the gardens; no sheds, no...shooting ranges.

"THE Transferee Hereby covenants with the transferor to the intent and so as to bind so far as practicable the land and premises hereby transferred into whosesoever hands the same may come and to benefit and protect the remainder of the land comprised in the above title number edged red on the said plan and every part thereof to observe and perform the following restrictions:-

(a) Not to erect or suffer or permit to be erected on the land and
premises hereby transferred or any part or parts thereof any building wall fence shed caravan or other structure whatsoever whether temporary or permanent outside or beyond the existing building without the previous written consent of the owner or owners of the said adjoining land edged red on the said plan and

(b) Not to plan cultivate or grow or suffer or permit to be planted

...or not. So we 'can' have a shed/fence as long as the neighbours are ok with it?

Obviously a conveyancer will be going though all of this when the time comes, but I would like to know what this means, if I can. Apologies if this is a bit messy; I think my brain dissolved trying to decipher this document.

Land_Registry

Grenage wrote: »

Hi guys,

I consider myself to be of adequate nous, but attempting to make black and white sense out of a registry document is making feel positively simple. This is a house we wish to buy, and the house is number 12; there is access across other's land to the garage at the rear of the property.

So this grants me access to 14's land for maintaining the fence and garage? - seems likely if the 1967 Transfer was of No 14, check the C Charges register corresponding entry for a description of the land/property being transferred

So they've got the rights for access to connect draining in the future? - yes

This says that we have access, but need to pay a 'rateable portion' of the maintenance. Does this mean that if four properties benefit from this access, should the driveway need redoing, the cost would be split 4 ways? Does it mean that it's split by property value, or a simple 25% each way? you will need to find a definition of 'rateable portion' to calculate what % etc is involved

The brown land is the access rights to the garage, and the pink land is the house and garden. Does this mean that from 1964 we had 21 years to lay new drainage across this area? again you need to look at the corresponding entry which explains what the Transfer was of and by whom to understand a little more. I suspect it involved whoever built the house(s) and was securign a right for them to build on the other land and lay drains etc within a defined period. 21 years is usually enough to decide to carry on building or simply sell up and move on. Why 21 years though only they and their conveyancer9s) would know I suspect

We can't build anything in the gardens; no sheds, no...shooting ranges. what it restricts is quite clear but it's the part hatched brown that is restricted. Other land is as well but that is not in your title.

...or not. So we 'can' have a shed/fence as long as the neighbours are ok with it? taken from a different deed so again you need to understand what the Transfer was of and therefore what extent is bound by the covenants. The edged red land will be defined and presumably belongs to your neighbour(s)

Obviously a conveyancer will be going though all of this when the time comes, but I would like to know what this means, if I can. Apologies if this is a bit messy; I think my brain dissolved trying to decipher this document.

I suspect others have not posted as it is 'messy' as you suggest and you have not provided all of the required information. What the Transfers were of etc is important.

These are all Qs you should though be raising with the solicitor involved. Whilst we can offer a view it is their legal interpretation that matters here and that is what the solicitor can provide.

They can also explain what may or may not happen if you breach the covenants referred to so if you intend to buy and want to do certain things on the land like build then you need to know where you would stand legally and who might be in a position to challenge you.

G_M

These are just edited highlights.

To fully understand, you need to read:

* the Transfer dated 6 July 1967

* Transfer dated 30 April 1975 made between (1) PERSON1 and PERSON2 and (2) PERSON3 and PERSON4

* Deed dated 27 May 1983 made between (1) and (2) and (3) and (4)

* Transfer dated 3 November 1964

Grenage

Hello to both of you, and thank you for your replies. I certainly wasn't expecting a Land Registry employee to answer.

I didn't want to post the entire document, as it would be a bit much to ask anyone to read all of it, but I appreciate it does limit what you can interpret. I've read through it all a few times and believe that the initial statement regarding no buildings/caravans etc just relates to amusements/fairs etc.

I think I might have to concede that I'm unlikely to really make head nor tail of it, and must rely solely on the conveyancer/solicitor. I can't even work out which boundaries are mine to maintain, or when the house was even built (although I suspect ~1903).

G_M: The deeds and transfers are separate documents that I would have to request, should I wish to see what they contain?

davidmcn

On the face of it, it all sounds like normal stuff and not alarming. I would suggest leaving it to your solicitor (as that is what you're paying them for!).

Grenage

Yes, I think you're most likely correct. It's just a much longer document than my previous house - a 70's ex-council.

G_M

Grenage wrote: »

G_M: The deeds and transfers are separate documents that I would have to request, should I wish to see what they contain?

Correct.

Your conveyancer should as a matter of course obtain them, check them, advise you of any adverse entries in them, and send you copies.

That's called 'conveyancing'.

If he just sends an outline without the full document, ask for a complete copy.

Grenage

Great stuff, thanks again!

Land_Registry

Grenage - we won't have copies of each of the documents as we have set out on the register the key extracts for registration purposes.
Understanding what they were transferring or who they were between will be explained in the entries themselves so I doubt if you need to see the whole documents.

It all reads like routine details so your conveyancer should have no problem answering all of your questions or at least explaining what the entries mean/relate to

Grenage

Hi there,

I shall leave it in their capables, as they say; thanks again.