Unsure what I'd be buying and need help understanding title/plan

includemeout

Hi there

I'm looking at buying a property but there's lack of clarity over the surrounding land. I downloaded the title and plan, and I wonder if someone could demystify this for me before I begin a formal process.

My understanding based on this plan is I'd be buying everything shaded/bordered red? Unfortunately, I also understand that various neighbours hang their washing and park their vehicles on this land and have done so for many years. This seems to be a casual arrangement and there are no dedicated parking spaces as such, but I'd be worried about some kind of adverse possession scenario. Is this a legitimate concern?





Any help would be greatly appreciated.

includemeout

I've read through the title again and I'm more confused than ever. There are restrictive covenants on the areas shaded other colours, for example:

(b) That no clothes shall be hung out to dry except in the drying area

coloured on the Plan annexed hereto

(c) The land hereby transferred shall not be used for any purpose which

may be or cause a nuisance or annoyance to the Vendors or to the owners

of adjoining or neighbouring land and particularly no pigs fowls and/or

cage bird) shall be kept on the land hereby transferred

(d) Except for those erected by the Vendors Plans and Elevations of

every building (either temporary or permanent and including any caravan

house on wheels garden shed or greenhouse of any kind whatsoever) to be

erected or placed upon the land hereby transferred or any part or parts

therof shall first be submitted approved in writing by the Vendors and

the Vendors shall be entitled to charge and be paid a fee of £4.00 plus

V.A.T. in respect of each plan for such approval and no such building

or buildings shall after erection be externally altered in any manner

unless the previous approval of the Vendors shall have been first

obtained in like manner and subject to the like payments as aforesaid

(e) Except for those erected by the Vendors all boundary and/or

ornamental walls and fences now or hereafter to be erected upon the

land hereby

Why would these restrictions be necessary if I was to own the freehold that covered all of the shaded areas? Who, other than the owner, would be erecting sheds on that land?

sheramber

Who is the 'vendor' in the covenant?

Is it the original vendor or the property, who retains  ownership of the covenant,  or is it the person who owns the property at the time of a subsequent  sale?

user1977

sheramber said:

Who is the 'vendor' in the covenant?

Is it the original vendor or the property, who retains  ownership of the covenant,  or is it the person who owns the property at the time of a subsequent  sale?

Almost certainly the former.

OP, have you bought a property before? The covenants aren't anything unusual or particularly troublesome.

Where have you got your understanding about the parking and washing? Have you actually spoken with the vendor?

sheramber

The Op asks who else but the owner  would be putting up shed etc. 
The owner of the property would not be the vendor referred to in the covenant 
He seems to think the vendor is the current property, owner who is selling the property.

includemeout

In a property sale I always believed the term "vendor" referred to the current owner, but as you say, that appears not to be the case and I've learned from the current owner that the vendor in this scenario is a long-since dissolved company that's had no involvement with the property since the late 1970s. There's a shed already in situ that was erected around 7-8 years ago and without approval.

I spoke to the current owner regarding the parking/washing area and they said it's a free for all, that people have designated parking spaces outlined on their own plan but they never park there and frequently park within the land assigned to the freehold as edged in red. I downloaded a couple plans for adjacent properties which confirm that each property has a parking space, as below:



These parcels of land are overgrown or used to store wheelie bins rather than being used for their intended purpose.

So if I was to purchase this property I'm imagining a scenario where I have responsibility for maintaining a car park that the neighbours would retain the right to use. Likewise the washing area, which is also within the boundary of the freehold edged red.

Thanks for the help with this - before spending time/money I'm hoping to get a sense of whether this is best left alone or worth pursuing. It seems like it could get messy.

CSI_Yorkshire

includemeout said:

In a property sale I always believed the term "vendor" referred to the current owner, but as you say, that appears not to be the case and I've learned from the current owner that the vendor in this scenario is a long-since dissolved company that's had no involvement with the property since the late 1970s. 

It does in the actual sale, but not in the wording of covenants, rights, easements etc.

The clue in this one is where it said "contained in the Transfer dated...."  In everything making reference to that transfer, the vendor, purchaser etc refer to who it was in that document.

lika_86

'Vendor' has a capital V which means it's a defined term in the Transfer, so it will presumably be the Vendor at the time the Transfer was entered into in 1978. 

If it was me I'd be keen to understand how long the parking and hanging out of washing by others has been going on. If the current owner doesn't know (because they haven't lived there long) then I'd be trying to understand who the cars and washing belong to and how long they've been resident and doing it for.

It's probably unlikely that the need to get permission for any structures will be an issue but if you wanted to do anything more costly/permanent than a shed it would be worth trying to find out whether anyone else took over the benefit of the restrictions in the Vendor's favour.

includemeout

This is making more sense, thank you.

Apparently the washing and parking area within the boundary of the freehold has been a free-for-all since 1979 when the limited company named as the Vendor was dissolved. Six other properties have since been making use of the space, to differing degrees. Some never use the washing area and one of the property owners has never owned a vehicle. Of the vehicle owners, only one has lived here for a significant length of time and nobody parks in a specific space as such. The current owner maintains these areas at her cost because she doesn't like looking out on to unkempt land. Seems like a potential minefield.