Can someone translate this -

dantheram1985

This exists in a title plan i have, can someone translate it from law speak, please?

The conveyance dated 4 January 1985 referred to in the charges register contains the following provision -

"It is hereby agreed and declared that the purchaser shall not be entitled to any express or implied equity or right whether of light or air or to any other easements over or in respect of the retained land which would restrict or interfere with the free use by the vendor or any person deriving title under it for building or any other purpose of the retained land whether intended to be retained or to be sold by the vendor."

davidmcn

"The neighbour can build what they like next door and you can't claim that they're blocking any right to light".

dantheram1985

davidmcn wrote: »

"The neighbour can build what they like next door and you can't claim that they're blocking any right to light".

so, if that relates to a field behind my house the owner of the field can build whatever they want on it?

ScorpiondeRooftrouser

Presumably the land the house is on was at some point part of the field?

They can't build what they want on it...they would still need to secure planning permission, just you just can't object on the grounds of right to light. Anyone else could object on any grounds they wished. Or you could object, as long as it wasn't on those grounds.

Alter_ego

dantheram1985 wrote: »

so, if that relates to a field behind my house the owner of the field can build whatever they want on it?

No, they can build whatever they obtain the necessary permission for. You can still object, but not on the grounds of light etc.

da_rule

Does it say 'copy filed' under the quote? If so, you can apply to the Land Registry for a copy of the conveyance which should identify where the 'retained land' is so that you can see how it might impact on the property.

ScorpiondeRooftrouser

da_rule wrote: »

Does it say 'copy filed' under the quote? If so, you can apply to the Land Registry for a copy of the conveyance which should identify where the 'retained land' is so that you can see how it might impact on the property.

I presumed from what he said that he already knows it relates to the field behind his house, but maybe not.

dantheram1985

da_rule wrote: »

Does it say 'copy filed' under the quote? If so, you can apply to the Land Registry for a copy of the conveyance which should identify where the 'retained land' is so that you can see how it might impact on the property.

no it goes on to mention the 'retained land' again under the 'Charges Register'

EXCEPT AND RESERVED unto the vendor and its successors in title and all others authorising by them in fee simple as incident to the adjoining or neighbouring land retained by the vendor (hereinafter called "the retained land") and each and evey part thereof full and free right and liberty:

- a) At any time erect or suffer to be erected any buildings or other erections and to alter any buildings or other erections now standing or hereafter within a period of 80 years from the date hereof to be erected upon any part of the retained land in such a manner so as to obstruct or interfere with the passage of light or air to any building which is or may be erected upon the property hereby conveyed . . . . "

Tom99

[FONT=Verdana, sans-serif]You can object to a planning application on whatever ground you like which might include neighbour amenity value which in turn include the restriction of daylight and sunlight to your property.[/FONT]
[FONT=Verdana, sans-serif]This objection would be on planning grounds which is completely different to any legal right of light you might otherwise claim.[/FONT]
[FONT=Verdana, sans-serif]It is your legal right that the title clause is trying to restricted and this can in no way bind the Planning Authorities view of whether an application is acceptable in planning terms.[/FONT]