Land Registry Red Pen query

Colester

Hi all, hopefully LR will pick this one up too, but your help is appreciated whoever you are
I want to erect a fence next to our garage which is beside a footpath on a small housing estate. People regularly cut across our garage space and brush against the car, etc.
When I checked the title plan, the red line goes around our garage and also encorporates 3 communal spaces and a communal planted area.
Would this be classed as our land as well then ? I assume it would have passed by 2 sets of solicitors when we bought the house.
I can't see anything on the actual entry that relates to access etc, so your help would be appreciated !
Kind thanks

Cakeguts

What does it say? A red line going round things doesn't mean anything without the explanation for it.

Colester

Sorry, not allowed to add links, but it's just the red pen line on the title plan. Nothing else is labelled on it regarding the line

silvercar

Does it say that the red line is the boundary line of your property?

Does it also say (on your deeds or on those of your neighbour) that others have rights to park or access any other area enclosed by the red line?

PS: If you post links with extra spaces, someone will post the correct link.

Colester

https:// drive.google.com/open?id=0B_Lg9I6shysKYjloeFV5VndTalE

sultanabran

Colester wrote: »

https:// drive.google.com/open?id=0B_Lg9I6shysKYjloeFV5VndTalE

https://drive.google.com/open?id=0B_Lg9I6shysKYjloeFV5VndTalE

G_M

You need to read the Title document as well as refer to the Plan.

The document Title will tell you what the red line represents.

Quote the wording here for us.

Also explain where on the Plan above the house is, the garage is, the 'communal land' is and the proposed fence will go.

Colester

This register describes the land and estate comprised in
the title.
TYNE AND WEAR : NEWCASTLE UPON TYNE
1 The Freehold land shown edged with red on the plan of the above title
filed at the Registry and being (address is here)
2 (13.08.2014) The mines and minerals are excepted.
3 (13.08.2014) The Transfer dated 17 May 2007 referred to in the Charges
Register contains a provision excluding the operation of section 62 of
the Law of Property Act 1925 as therein mentioned.
4 (13.08.2014) The land has the benefit of the rights granted by but is
subject to the rights reserved by the Transfer dated 30 June 2014
referred to in the Charges Register.
5 (13.08.2014) The Transfer dated 30 June 2014 referred to above contains
provisions as to light or air and boundary structures.
B: Proprietorship Register
This register specifies the class of title and
identifies the owner. It contains any entries that
affect the right of disposal.
Title absolute
1 (13.08.2014) PROPRIETOR: Xxxxxxxxxxxxx and Xxxxxxxxxxx
Xxxxxxxxxxxof (address is here)
2 (13.08.2014) The price stated to have been paid on 30 June 2014 was
Xxxxxxxxx
3 (13.08.2014) RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate is to be registered without a
written consent signed by the proprietor for the time being of the
Charge dated 30 June 2014 in favour of Xxxxxxxxxxxxx
referred to in the Charges Register.

C: Charges Register
This register contains any charges and other matters
that affect the land.
1 The land is subject to rights to lay and maintain surface water drains,
the positions whereof are unknown, granted by a Conveyance dated 14
December 1935 made between (1) xxxxxxxxxxxxx (2) Xxxxx
xxxxxxxxxxxxxxx and (3) Xxxxxxxxxxxxx
Limited. No further details of the Conveyance were supplied on first
registration
2 A Conveyance of the land in this title and other land dated 26 April
1956 made between (1) Xxxxxxxxxxxx and others (2) Xxxxxxx
Xxxxxxxxxxxx(Vendor) (3) xxxxxxxxx Property Company
Charges Register continued
Limited and (4) xxxxxxxxxxxxxx (Purchaser) contains
covenants details of which are set out in the schedule of restrictive
covenants hereto.
3 (25.07.2007) A Transfer of the land in this title dated 17 May 2007
made between (1) Xxxxxxxxxxxx and (2) Xxxxxxxxxxxx
Limited contains restrictive covenants.
NOTE: Copy filed under Xxxxxxxxxx
4 (13.08.2014) A Transfer of the land in this title dated 30 June 2014
made between (1) Xxxxxxxxxxx and (2) Xxxxxxxxxxxxx
Xxxxxxxxxx and Xxxxxxxxxxxxxxx contains a reservation of a
rentcharge as therein mentioned.
The said Deed also contains covenants.
NOTE: Copy filed.
5 (13.08.2014) The Transfer dated 30 June 2014 referred to above contains
a right of re-entry that is annexed to the rentcharge reserved therein.
6 (13.08.2014) The Transfer dated 30 June 2014 referred to above contains
a covenant as to the grant of rights in the events therein mentioned.
7 (13.08.2014) REGISTERED CHARGE dated 30 June 2014.
8 (13.08.2014) Proprietor: BANK OF SCOTLAND PLC (Scot. Co. Regn. No.
SC327000) of Halifax Division, 1 Lovell Park Road, Leeds LS1 1NS.
9 (13.08.2014) REGISTERED CHARGE dated 30 June 2014.
10 (13.08.2014) Proprietor: Xxxxxxxxxxxxxx of
Xxxxxxxxxxxxxx
Schedule of restrictive covenants
1 The following are details of the covenants contained in the Conveyance
dated 26 April 1956 referred to in the Charges Register:-
"The Purchasers hereby covenants with the Vendor that such part of the
property hereby conveyed as lies within the blue line on plan No 2
annexed to a Conveyance made the twenty ninth day of December one
thousand nine hundred and thirty six between Xxxxxxxxxxx
Xxxxxxxxxxxof the first part the said Xxxxxxxxx and Xxxxxxxxx
Cxxxxxxxxxx of the second part and XxxxxxxxxxxLimited of the
third part shall not be used (except by or with the consent of the said
Xxxxxxxxxxxxx Limited or their successors) for the sale or manufacture
or supply of ale wine beer spirits or any other intoxicating liquors
(but so that the Purchasers shall not be restricted from selling or
leasing any part or parts of their property affected by this covenant
to or for a bona fide golf club or golf clubs at which intoxicating
liquors will be supplied to members) And it is hereby declared that
this covenant shall be deemed to be limited to take effect only within
such period or periods as shall not infringe the rule against
perpetuities."
NOTE: No further particulars of the Conveyance dated 29 December 1936
were supplied on first registration.
End of register

Colester

https:// drive.google.com/open?id=0B_Lg9I6shysKZ3V5T0ZzVUQ2VUU[/IMG]

G_M

Since you couldn't be bothered, let me help by deleting the irrelevant stuff.......

Colester wrote: »

This register describes the land and estate comprised in
the title
TYNE AND WEAR : NEWCASTLE UPON TYNE
1 The Freehold land shown edged with red on the plan of the above title
So you own the land withing those two red areas on the Plan.
......
......
4 (13.08.2014) The land has the benefit of the rights granted by but is subject to the rights reserved by the Transfer dated 30 June 2014
referred to in the Charges Register.
Need to read it.
5 (13.08.2014) The Transfer dated 30 June 2014 referred to above contains provisions as to light or air and boundary structures.
NEED TO READ IT
B:.......

3 ........

C: Charges Register
.... 1 ........

2 A Conveyance of the land in this title and other land dated 26 April 1956 made between (1) Xxxxxxxxxxxx and others (2) Xxxxxxx Xxxxxxxxxxxx(Vendor) (3) xxxxxxxxx Property Company Limited and (4) xxxxxxxxxxxxxx (Purchaser) contains
covenants details of which are set out in the schedule of restrictive
covenants hereto.
Need to read it.
3 (25.07.2007) A Transfer of the land in this title dated 17 May 2007 made between (1) Xxxxxxxxxxxx and (2) Xxxxxxxxxxxx
Limited contains restrictive covenants.
NOTE: Copy filed under Xxxxxxxxxx
Need to read it
4 (13.08.2014) A Transfer of the land in this title dated 30 June 2014 made between (1) Xxxxxxxxxxx and (2) Xxxxxxxxxxxxx
Xxxxxxxxxx and Xxxxxxxxxxxxxxx contains a reservation of a
rentcharge as therein mentioned.
The said Deed also contains covenants.
Need to read it
NOTE: Copy filed.
5.....
6 ....
7 ....
8 ..........
9 .......
10 .......

1) You need to obtain and read the Conveyances/Transfers referred to, and examine the covenants within them. In particular the covenant relating to 'boundary structures'.

2) It's still not clear to me where on the Plan you propose to put this fence. So

a) I can't advise if the location falls within your land, and
b) I can't advise whether the fence would contravene one or more of the covenants.

(hopefully you are also fuly aware of the contravention against selling ale or alcohol anywhere within the area of the blue line.......)

Land_Registry

The red outline on the title plan will show the general boundaries of the registered extent. What lies within that red line is owned by the registered proprietor(s) as named on the register.

The rest of the register is crucial in understanding what imapcts on that ownership, especially as you refer to communal spaces/areas.

A developer may often transfer the legal ownership of such areas to a new owner so as to absolve themselves of any responsibilities once all the plots have been sold.

Caveats as in rights/easements as well as covenants are then added and these are often included in the deeds referred to on the register. As such checking the 'filed' deeds will be crucial as they will, in my experience, clarify who can use the spaces and so on. They may also refer to whether the area needs to be kept open (hence communal) and so on.

I suspect in this case the 2014 will be the key deed re these spaces/areas if it is the one from the developer to the first private owner, perhaps yourself or your seller.

You may have copies from when you bought but if not you can apply for copies by post