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  • Any Armchair Solicitors in? Land Registry Covenant Question…
  • the-muffin-man
    Full Member

    Before we start – I will ask my solicitor tomorrow, but, you know, I need to sleep tonight! 🙂

    Just got in to find a whole load of documents from my solicitor about a house we are buying and in the Land Registry are a few covenants from 1971 which have us worried…

    “IT IS HEREBY AGREED AND DECLARED by and between the parties hereto as
    follows:-
    (a) The Purchaser shall not by virtue of this Conveyance ne entitled to
    any right of light or air or other easement over any adjoining or
    neighbouring property belonging to the Vendor which would interfere
    with the free user of the same for building or other purposes

    I have no idea what this means! 🙂

    (b) The walls separating the premises agreed to be sold from the
    premises retained by the Vendor and situate on the West side thereof
    shall be deemed to be party walls and the said walls shall be
    maintained and kept in repair at the joint expense of the Purchasers
    and the Vendor”

    This has us worried – there is a large warehouse that forms the boundary wall to one side (there is a driveway between house and warehouse). No we expected they’d have rights of access for maintenance, but this sound like we’d be responsible for half the cost of any repairs. It’s not a small warehouse gable-end either probably 60ft+ long and at least as tall as the house.

    Sound like the houses used to belong to the people who still own the warehouse and this was put in place when sold in 1971.

    Now we don’t mind giving access, but given how lucky we are as a family that gable-end will fall down the day after we move in and we’ll be liable for tens of thousands of £££!

    And this one too…

    “THE Purchasers for the protection of the neighbouring and adjoining
    property of the Vendor or any part thereof and so as to bind so far as
    may be the property hereby conveyed into whosesoever hands the same may
    come hereby covenant with the Vendor that they the Purchasers and
    persons deriving title under them will at all times hereafter maintain
    and keep in repair a good and sufficient wall hedge or

    dannybgoode
    Full Member

    The first part about right of light would have me worried too. Basically if they want to do anything to the warehouse that would block light to your property, you’re potentially stuffed.

    I’d not be buying a property with those covenants attaching to be honest and there is the possibility your mortgage Co (assuming you’re borrowing) may be a bit fidgety about them also.

    INAL but did used to work in conveyancing.

    the-muffin-man
    Full Member

    Thanks Danny – the first part sounded iffy, but I didn’t understand it! 🙂

    We don’t need a mortgage but any future buyers more than likely will. And we don’t intend to stay for more than 6 or 8 years so don’t want something coming back to bite us.

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