Title deeds, please explain covenants

Title deeds, please explain covenants

Postby bad43 » Mon Apr 25, 2016 4:14 pm

Hi hope for some advice., all related to boundaries of course
My legal people are moving slowly whilst my neighbour continues to build and allocate land that does not belong to them
I am trying to do everything by the book whilst my neighbour appears to be able to act outside the civil law and Party wall act without being challenged.
I Have the original title deeds for my house built in 1968.
Within the deeds mentioned is a covenant, could I use this to make sure the boundary and it's wall stays in my control?

In the first section the Hereby Covenants are referring to the third schedule:-

"Hereby covenants with the Transferor that the Transferee and his successors in the title will at all times observe and perform the stipulations and restrictions relating to the land which are set out in the third schedule hereto"

Question :- This surely means I have to maintain, repair or even rebuild my wall or fencing? regardless of exact position. (no evidence it has been moved in the past, just evidence it was rebuilt in the past.

Third Schedule:-
For ever after to maintain in good and substantial repair and condition the fence or fences on the side ot sides of the plot shown on the plan annexed hereto and marked "T" within the boundary and in particular any screen fence shown on the said plan.

Any advice much appreciated.

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Re: Title deeds, please explain covenants

Postby Collaborate » Mon Apr 25, 2016 5:03 pm

Although it's unenforceable against you (assuming you haven't owned the property since 1968), it is evidence that the boundary features belong to you.
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