Transalation

Transalation

Postby saxondown12 » Thu Aug 03, 2017 10:53 am

Can any one translate this paragraph in to simple English for me ?

"AGREEMENT and declaration that the access and user of light from and over the adjoining property of the Vendor to and for the land thereby conveyed or any dwelling house or building for the time being standing thereon should thenceforth be enjoyed by the Purchaser his heirs and assigns under the consent thereby given by the Vendor and that the Vendor his heirs and assigns owner or owners of the adjoining property should be at liberty without hindrance by the Purchaser his heirs or assigns at any time thereafter to interfere with such access and user of light by making erections or buildings on such adjoining land without any formal revocation of the consent thereby given"

It is a paragraph from a conveyance of a road.
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Re: Transalation

Postby Collaborate » Thu Aug 03, 2017 1:33 pm

It means that the owner of the land sold (the road) cannot claim a right of light over the adjoining property retained by the then vendor.
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Re: Transalation

Postby pilman » Sat Aug 05, 2017 5:04 pm

That means the seller is entitled to build right up to the boundary of his property even if a tall building would have an adverse effect on the amount of light that would be passing across the road.

This type of clause is less common for a road, but very common where a sale of part of land is made so that the seller inserts a clause that confirms there will be no right to light or air to the part being sold, as that would interfere with any future development of the retained land.

Then any new buildings can be built close to the boundary of the retained land even if that building is right up against the land being sold. There is then nothing wrong with that development even if the light or air reaching the sold land is then reduced in quality.
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Re: Transalation

Postby jdfi » Mon Aug 14, 2017 8:52 am

pilman wrote:That means the seller is entitled to build right up to the boundary of his property even if a tall building would have an adverse effect on the amount of light that would be passing across the road.


Presumably if such a road was adopted, normal conventions would still apply.
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Re: Transalation

Postby tess12 » Fri Aug 25, 2017 9:13 am

The agreement states "access and user of light". What is the significance of the word “access” to the meaning of the agreement ?
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Re: Transalation

Postby pilman » Fri Aug 25, 2017 10:16 am

A tall building would stop light from "accessing" the land being sold.
The seller is confirming that the "access" of light is with his permission so that he can prevent such "access" whenever it suits him so that the land being sold will never have a right to light, which is an easement that can be gained through prescription.

The inserted clause ensures that this can never happen.
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