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Title Deed Help {Merged}

Niklas33
Niklas33 Posts: 173 Forumite
Sixth Anniversary 100 Posts Name Dropper Combo Breaker
Hi this is in my Title Deed....i am kinda confused i am a FTB please help.

"Together with the benefit of a right of way (in common with all others entitled thereto) on foot only over the rear yard of the Vendor's adjoining property known as number 84 ********* Road aforesaid and the benefit of a right of way (in common with the Vendor and all others entitled thereto) on foot only over the passage marked "right of way for numbers 76 to 84" on the plan annexed to a Transfer of ***** ****** Road dated 26 September 1983 and made between the Vendor of the one part and J H L Properties Limited of the other part such owner or owners as aforesaid paying a proportionate part of the cost of keeping the said passage in repair excepting and reserving unto the Vendor and his successors in title the owners of numbers 76 to 80 ***** ***** aforesaid (even numbers only) a right of way over the rear yard of the property hereby conveyed."

The Conveyance dated 5 September 1986 referred to above contains the following provision:- "IT is hereby agreed and declared by and between the parties hereto as follows: (a) The walls and fences dividing the property from the adjoining properties known as numbers 80 and 84 ****** Road aforesaid are party walls and fences and shall be repaired and maintained at the joint and equal expense of the owners for the time being of the respective properties separated thereby. 


What does this mean? Please Help i am buying a Mid terrace.

I have attached a link to the plan of the house https://ibb.co/fSCVdjk any help? I am confused.
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Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 30 April 2020 at 8:48AM
    The house comes with a right of way over the other properties specified (presumably so you can get to your back garden without having to go through your house). Your solicitor will explain all this to you. 
  • Niklas33
    Niklas33 Posts: 173 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    I have attached a photo to the initial post which is on the document i am just wondering what the block bit is at the bottom?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Niklas33 said:
    I have attached a photo to the initial post which is on the document i am just wondering what the block bit is at the bottom?
    At the bottom of "your" garden you mean? Some sort of shed or other outbuilding I expect. It's possibly not there any more, the underlying map is just a (probably out of date) extract of the Ordnance Survey map of the area.
  • Niklas33
    Niklas33 Posts: 173 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    passageways chimneys chimney stacks and all other conveniences in the nature of easements or quasi-easements used or enjoyed or intended to be used or enjoyed with or for the benefit accommodation of the property hereby conveyed and the adjoining or adjacent properties of the Vendor or his successors in title shall continue to be so used and enjoyed in common and shall be repaired and maintained by and at the joint and equal expense of the owners for the time being of the respective properties served thereby. (c) That the provisions contained in this Clause shall so far as may be necessary for conferring any easements rights or privileges upon the Purchasers operate to grant the same to the Purchasers and so far as may be necessary for conferring any easements rights or privileges upon the Vendor operate to except and reserve the same to the Vendor."

    Does this have any impact at all?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Not really. Like I said, you're paying your solicitor to explain the title to you. 
  • Niklas33
    Niklas33 Posts: 173 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    Unfortunately my solicitor is on Furlough and not available for me to chat to :( 
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well, nothing's going to happen any time soon then! Nothing obviously in the title for you to worry about anyway.
  • Even with furlough , there should be someone available at your solicitors. Send an email detailing your questions about the Title.
     At first glance it looks to me that the clauses you have quoted relate to access rights over a common passage and maintenance burdens for common elements such as fences and chimneys.
    However I would reiterate what other posters have said, it is your solicitors job to examine the title deeds for what you are buying and explain it to you. Usually you will receive a title report from the solicitors. Ask them for it.

  • Niklas33
    Niklas33 Posts: 173 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    edited 30 April 2020 at 10:59AM
    'The title to the property states that the walls and fences separating the property from adjoining properties 80 and 84 ***** Road are party walls and fences. You have a right of way over the rear yard of adjoining property 84 ***** Road and also over the passage of adjoining properties 76 to 84 ****** Road subject to you paying a proportionate part of the cost of its maintenance and repair. Part of rear yard within this title is subject to a right of way in favour of adjoining properties 76 to 80 
    ****** Road'

    Sorry to keep asking but my solicitors have not responded and it's been over 7 days.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Niklas33 said:
    'The title to the property states that the walls and fences separating the property from adjoining properties 80 and 84 ***** Road are party walls and fences. You have a right of way over the rear yard of adjoining property 84 ***** Road and also over the passage of adjoining properties 76 to 84 ****** Road subject to you paying a proportionate part of the cost of its maintenance and repair. Part of rear yard within this title is subject to a right of way in favour of adjoining properties 76 to 80 
    ****** Road'

    Sorry to keep asking but my solicitors have not responded and it's been over 7 days.
    Right, that sounds like you're now quoting from a title report which your solicitors have sent to you? So, which bits of that don't you understand?
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