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Restrictive Covenant incorrectly referenced
pchittock
Posts: 2 Newbie
Hi All,
In my properties TP1 (I bought the house from new in 2014) it has a schedule which lists all the restrictive covenants and this states that i need to pay the fees highlighted in schedule seven of the TP1. This seems to be a mistake as the fee is actually listed in schedule nine (it is for Greenbelt who cut the grass around the estate). To confirm schedule seven and nine are completely unrelated. Does this mean that the property isn't held to the fee listed in schedule nine as it isn't listed in the main body of the TP1 as part of the restrictive covenants?
In my properties TP1 (I bought the house from new in 2014) it has a schedule which lists all the restrictive covenants and this states that i need to pay the fees highlighted in schedule seven of the TP1. This seems to be a mistake as the fee is actually listed in schedule nine (it is for Greenbelt who cut the grass around the estate). To confirm schedule seven and nine are completely unrelated. Does this mean that the property isn't held to the fee listed in schedule nine as it isn't listed in the main body of the TP1 as part of the restrictive covenants?
0
Comments
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what does it say in the Title document?0
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Is it obvious what the error is? Or are there also fees listed in schedule seven?0
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It's an obvious error, no fees listed in schedule seven.0
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Obvious errors are not binding in contract law.0
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The basic principle of contract law in England and Wales is that the contract will be interpreted according to how a "reasonable person" would interpret the words on the page.
If it would be obvious to "reasonable person" that the reference to "fees in Schedule 7" was meant to be a reference to the "fees in Schedule 9", a court will interpret the TP1 accordingly.0 -
There is definitely an inaccuracy.
Restrictive Covenants PREVENT you from doing something.
REQUIRING you to do something (e.g. pay money) is a "Positive Covenant" and these do not run with the land.
However, there may be a deemed contract for you to pay estate charges if you have use of the land being maintained for access or something.0
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