From a title register. What does this mean?

RHemmings

The land has the benefit of the following rights reserved by but is subject to the following rights granted by a Transfer of [Deleted by Forum Team] dated 4 October 1982 made between (1) The Leicester City Council and (2) [Deleted by Forum Team]:- "1. All means of approach access and egress and all gates drains sewers inspection chambers eaves gutters eavesdrop spouting downrights chimney stacks flues gulleys gas water and electricity mains pipes or cables and other connecting or conducting media (including for the benefit of the Vendor's adjoining or neighbouring property only wires cables poles brackets fixtures fittings and equipment for the diffusion or rediffusion of messages broadcast programmes and entertainments (including television programmes) broadcast from any authorised broadcasting station) and all walls and fences (except the outside walls and fences marked 'T' on the said plan and all rights of support light air and other rights and privileges easements or quasi-easements as now used and enjoyed (or which would have been so used and enjoyed had the land hereby transferred and the Vendor's adjoining or neighbouring property not hitherto been in common ownership) by or in respect of the land hereby transferred and the Vendor's adjoining or neighbouring property (including but not limited to the right to enter such respective properties with or without all necessary machinery and equipment at reasonable times if necessary for the purpose of carrying out works of inspection excavation repair rebuilding maintenance renewal replacement removal decorating and cleaning to or of the land

2 hereby transferred or the Vendor's adjoining or neighbouring property with if necessary the right to erect scaffolding and other apparatus the party exercising such right as expeditiously as is reasonably possible making good nevertheless any damage caused thereby) shall subject as aforesaid continue to be so used and enjoyed the owner or owners (or such other persons as are mentioned in paragraph 3 of this Schedule) for the time being of the land hereby transferred or the Vendor's adjoining or neighbouring property so using or enjoying the same paying the whole or a fair proportion as the case may be of the cost of inspecting excavating repairing rebuilding maintaining renewing replacing removing decorating and cleansing the same. 2. The Purchaser or his successors in title shall not become entitled to any easements or right of light or air or other easement or right (except as by this Transfer expressly granted) which would restrict or interfere with the free use of the Vendor's adjoining or neighbouring property by the Vendor or its successors in title for building or other purposes 3. The provisions contained in paragraphs 1 and 2 of this Schedule shall so far as may be necessary for the purpose of conferring any rights or interest to or on the Purchaser and the persons deriving title under him operate as grants in fee simple by the Vendor for the benefit of the land hereby transferred and shall be exercisable by the Purchaser or the persons deriving title under him their respective lessees tenants occupiers or users of the land hereby transferred their respective agents servants and workpeople and all other persons authorised by them (in common with the Vendor and all other persons having the like right) but where the servient land is in the occupation of a lessee tenant or licensee of the Vendor whose lease tenancy or licence does not reserve such rights only with the consent of such lessee tenant or licensee and so far as may be necessary for the purpose of reserving or conferring any rights or interests to or on the Vendor and the persons deriving title under it operate as exceptions or reservations in fee simple for the benefit of the Vendor's adjoining or neighbouring property and shall be exercised by the Vendor or the persons deriving title under it their respective lessees tenants occupiers or users of the Vendor's adjoining or neighbouring property or any part or parts thereof their respective agents servants and workpeople licensees and all other persons authorised by them (in common with the Purchaser and all other persons having the like right." 3 The Transfer dated 4 October 1982 referred to above contains provisions as to light or air and boundary structures.

4 The Transfer dated 27 April 1987 referred to in the Charges Register was made pursuant to Part V of the Housing Act 1985 and the land has the benefit of and is subject to such easements as are granted and reserved in the said Deed and the easements and rights specified in paragraph 2 of Schedule 6 of the said Act.

The above is from the title register of a house that I am interested in. What does it mean? Is it something I should be concerned about?

user1977

I'm not sure how much of that you actually need "translated", but from a quick glance there is nothing there which is obviously unusual or concerning.

RHemmings

user1977 said:

I'm not sure how much of that you actually need "translated", but from a quick glance there is nothing there which is obviously unusual or concerning.

Thanks. I've only seen a few title registers, and none of the other ones had anything like that long on it. 

user1977

RHemmings said:

user1977 said:

I'm not sure how much of that you actually need "translated", but from a quick glance there is nothing there which is obviously unusual or concerning.

Thanks. I've only seen a few title registers, and none of the other ones had anything like that long on it. 

That's pretty short compared to many...

RHemmings

user1977 said:

That's pretty short compared to many...

I'm not looking forward to seeing that. Are the longer ones also written in single sentences that go on for much of a page? 

RHemmings

This one is shorter, and I think I almost understand it (still working on the property meaning of 'disposition'.) But, why would this covenant be on a house? 

RESTRICTION: No disposition of the registered estate (other than a charge) by the proprietor of the registered estate, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a written consent signed by A Shade Greener (Boilers) LLP of Sterling House, Maple Court, Maple Road, Tankersley S75 3DP.

EDIT: Oh, A Shade Greener appears to be a financial company. https://www.asgfinance.co.uk/ Does this mean that there is a loan secured by them on the property?

EDIT: I'm now reading this page, https://www.gov.uk/government/publications/how-to-read-a-title-register-and-title-plan/how-to-read-a-title-register which seems to suggest that the above covenant might be because a 'management company' has been appointed to provide certain shared services. This property appears to share a passageway to the rear garden with other properties. (There's another term that mentions that.)

EDIT: More here: https://forums.moneysavingexpert.com/discussion/1861679/can-anyone-explain-the-register-of-title I'm starting to understand more of the terms in a title register. Sorry for the stream of consciousness thread. 

eddddy

RHemmings said:

RESTRICTION: No disposition of the registered estate (other than a charge) by the proprietor of the registered estate, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a written consent signed by A Shade Greener (Boilers) LLP of Sterling House, Maple Court, Maple Road, Tankersley S75 3DP.

EDIT: Oh, A Shade Greener appears to be a financial company. https://www.asgfinance.co.uk/ Does this mean that there is a loan secured by them on the property?

I believe that company supply and install boilers under Conditional Purchase Agreements.

In simple terms, I believe they install the boiler and you pay monthly for up to 12 years, to pay for the boiler and pay for a service agreement.

During that time they seem to put a charge on your house. (The company seem to have very mixed reviews.)


Their sister company is quite well known in this forum for installing what they describe as 'free' solar panels. It's what many people call a 'rent-a-roof' scheme. (It can cause a problem with mortgage borrowing.)

RHemmings

Thank you @eddddy. This is a question I can pose to the estate agent. This restriction/covenant for one of two properties that I'm viewing on Monday, and is the one where my partner is more keen than I. But, the estate agent is the major local agent in this small part of my city - I want to look at least not totally clueless. (My first post in this thread is restrictions from the other property I'm viewing on Monday.) 

I want a house with (owned outright) solar panels. Houses that have leased solar panels - I don't even consider them. I would prefer a house with no solar panels at all so that I can install new ones how I want them. Off-topic for this thread, but should neither of the houses I'm viewing on Monday pan out, the next house to view is a strangely shaped triangular house with just one huge flat slide of a roof - south facing Mortgage borrowing is not a problem for me as I want to buy for cash only, but resale value - I think that would be hit considerably. 

I will say that without help from this thread, and the other resources I linked to, I would have had no hope at all in terms of understanding all the text on the title registers. And, I still have a way to go. 

GDB2222

One practical problem with having a charge in favour of a boiler company is what happens if the company goes bust. You could end up with a charge on the property, and nobody to discharge it. It’s not like having a mortgage, where you can be reasonably sure the bank will still be around to do the paperwork when you have repaid the loan.

RHemmings

GDB2222 said:

One practical problem with having a charge in favour of a boiler company is what happens if the company goes bust. You could end up with a charge on the property, and nobody to discharge it. It’s not like having a mortgage, where you can be reasonably sure the bank will still be around to do the paperwork when you have repaid the loan.

That's definitely something to think, and ask, about. Thank you. 

eddddy

RHemmings said:

Houses that have leased solar panels - I don't even consider them. 

Just to be pedantic - the solar panels aren't leased. It's the roof that's leased.

The way it works is that the home owner leases out their roof to a tenant. Then the tenant puts their own solar panels on the roof that they are leasing.

The lease often lasts 25 years. So if you sell the house during that period, you have to sell the house with a tenant (or negotiate an early termination to the lease).


(It might sound a bit weird, because people usually think of a 'tenant' as a person living in a house. But in legal terms, the company who leases your roof is your tenant.)