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Set of terms in Deeds for new build, can anyone help?
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buel10
Posts: 469 Forumite


Hi all,
We are due to have video call next week with our conveyancing solicitors to discuss queries we have with the deeds that we have been provided with. However, I wondered if anyone would be willing to help explain a few of them in 'lay person' terms if I post on here?
We are due to have video call next week with our conveyancing solicitors to discuss queries we have with the deeds that we have been provided with. However, I wondered if anyone would be willing to help explain a few of them in 'lay person' terms if I post on here?
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Comments
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You can post them here if you want, but the whole point of employing a solicitor is that they explain these things to you in lay person's terms, not leave you having to ask people on web forums.0
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I understand. I just wanted a head start on it so I can't be confused by him (easier than you think!)0
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There's probably no harm in posting them here. Not all the comments you get here will be correct, so it's still worth checking them with your solicitor.
I guess you just need to be prepared for a few aggressive, belittling replies (because replies like that seem to sometimes earn more 'thanks') - but it's best to just ignore those, rather than taking them personally or getting into arguments.5 -
eddddy said:
There's probably no harm in posting them here. Not all the comments you get here will be correct, so it's still worth checking them with your solicitor.
I guess you just need to be prepared for a few aggressive, belittling replies (because replies like that seem to sometimes earn more 'thanks') - but it's best to just ignore those, rather than taking them personally or getting into arguments.0 -
Is this to do with restrictive covenants, maintenance charges and rentcharges etc.? If so, ask away here. There are a number of posters who are quite knowledgable on that topic. Also, search this forum, there are quite a lot of threads on this topic.
If this is the subject matter, you will get a number of people posting "I don't know why people buy new builds, they must be mad". But hopefully you can just ignore them....1 -
OldMusicGuy said:Is this to do with restrictive covenants, maintenance charges and rentcharges etc.? If so, ask away here. There are a number of posters who are quite knowledgable on that topic. Also, search this forum, there are quite a lot of threads on this topic.
If this is the subject matter, you will get a number of people posting "I don't know why people buy new builds, they must be mad". But hopefully you can just ignore them....)
I have oodles that I don't understand so, in the hope that someone might be able to help (and this might be helpful for future readers), here are some that I don't understand the meaning of (my questions in bold, non-italic and in brackets):12.1.11 Any covenant by the Transferee not to do an act or thing shallbe deemed to include an obligation not to do or permit any such acts to be done(I have no idea what this means?)12.2 Rights granted for the benefit of the propertyThe Property is transferred together with the rights in common with the Transferor and all other persons who have or may in future have the like rights SUBJECT in each case where there is a shared use the Transferee contributing a fair proportion as appropriate toward the cost and maintenance renewal and repair thereof:12.2.1 Right of way: the right to pass and repass with or withoutvehicles (but in the case of any footpath on foot only) at all times and for all purposes connected with the use and occupation of the Property as a private dwelling but not forany other purpose;12.2.1.1 over and along the Estate Roads until they becomemaintainable at public expense;(My questions for the above would be:a) I won't lie, 12.2 has really got me foxed - I don't understand this.b) Who usually decides it needs repairing in these sort of scenarios?c) 12.2.1.1 - We still haven't had verification that these roads have been adopted by the local council - something to be concerned about?)0 -
buel10 said:OldMusicGuy said:Is this to do with restrictive covenants, maintenance charges and rentcharges etc.? If so, ask away here. There are a number of posters who are quite knowledgable on that topic. Also, search this forum, there are quite a lot of threads on this topic.
If this is the subject matter, you will get a number of people posting "I don't know why people buy new builds, they must be mad". But hopefully you can just ignore them....be deemed to include an obligation not to do or permit any such acts to be done(I have no idea what this means?)
Some of your property rights are shared with other owners. You need to pay a share of the costs of any relevant repairs etc.12.2 Rights granted for the benefit of the propertyThe Property is transferred together with the rights in common with the Transferor and all other persons who have or may in future have the like rights SUBJECT in each case where there is a shared use the Transferee contributing a fair proportion as appropriate toward the cost and maintenance renewal and repair thereof:
There'll probably be a management company to look after any communal areas of the estate and a service charge. Hasn't that been mentioned already?12.2.1 Right of way: the right to pass and repass with or withoutvehicles (but in the case of any footpath on foot only) at all times and for all purposes connected with the use and occupation of the Property as a private dwelling but not forany other purpose;12.2.1.1 over and along the Estate Roads until they becomemaintainable at public expense;(My questions for the above would be:a) I won't lie, 12.2 has really got me foxed - I don't understand this.b) Who usually decides it needs repairing in these sort of scenarios?
They're not likely to be adopted (if at all) at least until the development is finished, so in the meantime maintenance is the reponsibility of the house owners (via the management company as I said). Obviously it should take a while before a newly-laid road actually needs any maintenance.c) 12.2.1.1 - We still haven't had verification that these roads have been adopted by the local council - something to be concerned about?)1 -
davidmcn said:buel10 said:OldMusicGuy said:Is this to do with restrictive covenants, maintenance charges and rentcharges etc.? If so, ask away here. There are a number of posters who are quite knowledgable on that topic. Also, search this forum, there are quite a lot of threads on this topic.
If this is the subject matter, you will get a number of people posting "I don't know why people buy new builds, they must be mad". But hopefully you can just ignore them....be deemed to include an obligation not to do or permit any such acts to be done(I have no idea what this means?)
**Thank you!
Some of your property rights are shared with other owners. You need to pay a share of the costs of any relevant repairs etc.12.2 Rights granted for the benefit of the propertyThe Property is transferred together with the rights in common with the Transferor and all other persons who have or may in future have the like rights SUBJECT in each case where there is a shared use the Transferee contributing a fair proportion as appropriate toward the cost and maintenance renewal and repair thereof:
**Who decide this - worked out between them / yourselves?
There'll probably be a management company to look after any communal areas of the estate and a service charge. Hasn't that been mentioned already?12.2.1 Right of way: the right to pass and repass with or withoutvehicles (but in the case of any footpath on foot only) at all times and for all purposes connected with the use and occupation of the Property as a private dwelling but not forany other purpose;12.2.1.1 over and along the Estate Roads until they becomemaintainable at public expense;(My questions for the above would be:a) I won't lie, 12.2 has really got me foxed - I don't understand this.b) Who usually decides it needs repairing in these sort of scenarios?
**Absolutely not, in fact, they specifically said there is nothing like this.c) 12.2.1.1 - We still haven't had verification that these roads have been adopted by the local council - something to be concerned about?)
**This is now a concern.
(my comments / further questions next to '**')0 -
I'll add a couple of things to David's excellent answers.
Road adoption by the LA - nothing in itself to worry about if they are not being adopted. However, if they are not adopted by the LA, this will increase the annual maintenance charges that the whole development will have to share, because all the residents will be responsible for maintaining the roads. In the short term there won't be much in the way of additional costs (because the roads will be new), but you will have to contribute each year to a "reserve fund" that will gradually build up and will be used for major repairs (if these are needed) at some point in the future.
The developer will know if the roads are going to be adopted because there will be a Section 38 agreement between them and the LA if they are. We are moving to a development which is half-finished and there is a Section 38 in place which shows all roads and footpaths will be adopted by the LA when the development is finished. Our developer provided us with a copy of the documentation for this, and 12.2.1.1 sounds like the intention is that the LA will adopt the roads. So get confirmation of this.
Management Company and maintenance charges - this is one of the biggest issues you may face and you have not mentioned this. You need to find out who will own the freehold of the common areas, what type of management company will be in place to manage the common areas, how it is able to charge fees for it services, and how annual maintenance charges are calculated.
The best situation is where there is a residents management company, which means the residents own the freehold between them and they are responsible for managing the common areas. This situation is rare. Most likely, the developer will retain the freehold of the common areas and will therefore be able to appoint a third party management company, who will charge you fees and all costs relating to maintaining the common areas. Some (probably most) of these third party management companies are awful, they provide a poor service and look for ways to fleece the residents. So you need to understand what your exposure is to maintenance charges and management fees, how these are calculated and what rights the freeholder has when management costs are not paid.0 -
buel10 said:davidmcn said:buel10 said:OldMusicGuy said:Is this to do with restrictive covenants, maintenance charges and rentcharges etc.? If so, ask away here. There are a number of posters who are quite knowledgable on that topic. Also, search this forum, there are quite a lot of threads on this topic.
If this is the subject matter, you will get a number of people posting "I don't know why people buy new builds, they must be mad". But hopefully you can just ignore them....be deemed to include an obligation not to do or permit any such acts to be done(I have no idea what this means?)
**Thank you!
Some of your property rights are shared with other owners. You need to pay a share of the costs of any relevant repairs etc.12.2 Rights granted for the benefit of the propertyThe Property is transferred together with the rights in common with the Transferor and all other persons who have or may in future have the like rights SUBJECT in each case where there is a shared use the Transferee contributing a fair proportion as appropriate toward the cost and maintenance renewal and repair thereof:
**Who decide this - worked out between them / yourselves?
There'll probably be a management company to look after any communal areas of the estate and a service charge. Hasn't that been mentioned already?12.2.1 Right of way: the right to pass and repass with or withoutvehicles (but in the case of any footpath on foot only) at all times and for all purposes connected with the use and occupation of the Property as a private dwelling but not forany other purpose;12.2.1.1 over and along the Estate Roads until they becomemaintainable at public expense;(My questions for the above would be:a) I won't lie, 12.2 has really got me foxed - I don't understand this.b) Who usually decides it needs repairing in these sort of scenarios?
**Absolutely not, in fact, they specifically said there is nothing like this.c) 12.2.1.1 - We still haven't had verification that these roads have been adopted by the local council - something to be concerned about?)
**This is now a concern.
(my comments / further questions next to '**')
This is all normal stuff.0
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