Charges register - is this anything to be concerned about??

dn852k4

This is from the register of title

C: Charges Register

This register contains any charges and other matters that affect the land.

1 A Conveyance of the land in this title and other land dated 10 August

1874 made between (1) Matilda Orred and others (2) John Lloyd Jones and

(3) John Parsons Harris contains covenants details of which are set out

in the schedule of restrictive covenants hereto.

2 The land is subject to the following rights reserved by a Transfer of

the land in this title and other land dated 7 January 1993 made between

(1) The Shrewsbury Roman Catholic Diocesan Trustees Registered and (2)

Macbryde Homes Limited:-

"There is reserved out of the property transferred for the benefit of

the Transferor and its successors in title the following rights:-

(a) the right of free passage and running of water soil gas and

electricity from and to the retained land through the drains sewers

pipes electricity cables wires and other services laid or to be laid

under on or over the property hereby transferred within the perpetuity

period (which period shall for the purpose of this Deed be 80 years

from the date hereof)

(b) the right at any time hereafter to enter upon the property hereby

transferred to lay drains sewers water and gas pipes electricity cables

wires and other services in over or under the property hereby

transferred

(c) the right to enter upon the property hereby transferred at all

reasonable times upon giving written notice to carry out repairs to the

drains sewers pipes electricity cables and other services serving the

retained land in under upon or over the property hereby transferred.

IT IS HEREBY AGREED AND DECLARED between the Transferor and the

Transferee that any persopn or persons so exercising the above rights

shall do as little damage as possible to the property hereby

transferred and that any damage caused is put right as soon as

reasonably practicable to the satisfaction of the Transferees

surveyor."

3 (28.05.1993) A Transfer of the land in this title dated 30 April 1993

made between (1) Macbryde Homes Limited and (2) Janet Doherty contains

restrictive covenants.

NOTE: Original filed.

Schedule of restrictive covenants

1 The following are details of the covenants contained in the Conveyance

dated 10 August 1874 referred to in the Charges Register:-

"AND the said John Parsons Harris for himself his heirs executors

administrators and assigns hereby covenant with the said John Lloyd

Jones his heirs executors and administrators that he the said John

Parsons Harris his heirs or assigns shall not nor will at any time

previous to the thirteenth day of January One thousand eight hundred

and eighty erect or permit to be erected on the said piece of land

hereby conveyed or any part thereof any building or other erection

whatsoever except a boundary wall or fence without the consent in

writing of the said John Lloyd Jones his heirs or assigns for that

purpose first had and obtained And moreover that he the said John

Parsons Harris his heirs or assigns shall not nor will at any time

after the expiration of the said period erect or permit to be erected

on the said piece of land intended to be hereby conveyed or on any part

thereof any building or buildings other than dwellinghouses each of

which shall be of not less annual value than any house erected on the

land situate between that hereby conveyed and the old Chester Road"

How does this affect the property? Do we need to seek permission from the heirs of John Lloyd Jones and John Parsons Harris if we were to build an extension?

Any advice would be appreciated.

Thanks 

Dan

canaldumidi

shall not nor will at any time

after the expiration of the said period erect or permit to be erected

on the said piece of land intended to be hereby conveyed or on any part

thereof any building or buildings other than dwellinghouses each of

which shall be of not less annual value than any house erected on the

land situate between that hereby conveyed and the old Chester Road"

So looks like an extension is out but a dwelling house is OK (if not cheaper than the house being sold).

I think.

But if me I'd

* use form OC2 (£7) to get copies of the Conveyances and Transfers referred to and read the in full, and

* employ a solcitor rather than DIY the conveyancing, and ask their legal advice/interpretation.

user1977

canaldumidi said:

shall not nor will at any time

after the expiration of the said period erect or permit to be erected

on the said piece of land intended to be hereby conveyed or on any part

thereof any building or buildings other than dwellinghouses each of

which shall be of not less annual value than any house erected on the

land situate between that hereby conveyed and the old Chester Road"

So looks like an extension is out but a dwelling house is OK

An extended dwellinghouse is still a dwellinghouse. If they didn't want you to make any alterations to a dwellinghouse, it would need to be more clearly worded than it is - I think the more obvious interpretation is that you're not to build non-domestic things. Note they apparently didn't even want to approve the design of the original house.