Right of Way: no plan, nor "copy on file".

Post Reply
Anon
Posts: 24
Joined: Mon May 11, 2009 11:07 am

Right of Way: no plan, nor "copy on file".

Post by Anon » Sat Jul 02, 2011 6:14 am

Hello all,

I'm potentially interested in purchasing a property, so I downloaded the electronic deeds from the Land Registry, which have me slightly puzzled.

A: Property Register

1 (1990's) The Freehold land shown edged with red on the plan of
the above title filed at the Registry and being Number, Street, Etc (postcode).

2 (Same Date As Above) The land has the benefit of the following rights
granted by the Conveyance dated 1880's referred to in the Charges Register:-

"Together with the use in common with the Grantor his heirs and
assigns and all other persons legally entitled thereto of the
roads and footpaths shown on the said plan and of all such other
roads footpaths and sewers as shall be made for the accommodation
of the hereditaments hereby conveyed and adjoining premises."

NOTE: The roads and footpaths shown on the plan are the estate
roads and footpaths.


C: Charges Register

1 (aforesaid 1990's date) A Conveyance of the land in this title dated (aforesaid 1880's date) made between (1) Mr Male (Grantor)
and (2) Ms Female (Grantee) contains the following covenants:-

"The Grantee hereby covenants with the Grantor his heirs and assigns in manner following (1) To erect and completely finish
ready for habitation on the said plot of land one and not more
than one dwellinghouse in accordance with the plan already agreed
upon between the parties (2) To keep all buildings from time to
time on the said plot of land in good repair (3) To properly fence
in the said plot of land where not already fenced in within one
calendar month from the date hereof and that all walls and fences
when made shall be party walls and fences (4) To make and repair
at his own expense so much of the road and footpaths shown upon
the plan as abuts upon the said plot of land (5) Not to permit any
offensive or dangerous trade or business to be carried on upon the
said hereditaments nor to use the same as a place for the sale of
intoxicating liquors (6) Not to erect any additional buildings nor
alter any existing buildings upon the said plot of land without
the written consent of the Grantor Provided always that the
Grantor his heirs and assigns may if desirous of so doing allot
certain plots on the estate of which the plot of land hereby
conveyed forms part for the purpose of a Tavern or Public house
and also that if at any time during such period as may not be
contrary to the rule against perpetuities any of the Grantee's
covenants hereinbefore contained shall be broken it shall be
lawful for the Grantor his heirs or assigns (notwithstanding any
previous waiver) absolutely to reenter upon the said plot of land
or any part thereof and to thenceforth repossess and enjoy the
same as if these presents had not been made."
.


"NOTE: The roads and footpaths shown on the plan are the estate
roads and footpaths.
"

But there is no plan! There is no reference to any plan not being filed on first registration, nor any "Copy on file" notices. The only plan is the H.M. Land Registry Title Plan, which shows the building and surrounding land edged in red (no other coloured edging or shading). It also shows (as normal) the public roads and pavements (these are used as normal by the property in question for access), and the usual O.S. features; neighbouring properties etc.

Should I be trying to trace the "lost" plan?


"and also that if at any time during such period as may not be
contrary to the rule against perpetuities any of the Grantee's
covenants hereinbefore contained shall be broken it shall be
lawful for the Grantor his heirs or assigns (notwithstanding any
previous waiver) absolutely to reenter upon the said plot of land
or any part thereof and to thenceforth repossess and enjoy the
same as if these presents had not been made.
"

On the face of it, this seems rather alarming - neglecting the house or erecting a porch could lead to the descendants of the Grantor confiscating the property, and how can one maintain the road if the council does it? I'm presuming that the covenants are no longer valid, but the Grantor has a very distinctive name and is featured on someone's family history website -I wouldn't want a misguided relative to knock on the door one day and say "That lean-to isn't original...OUT".

Should I do anything about this?


Thanks for reading,

Anon.

Conveyancer
Posts: 5610
Joined: Wed Sep 07, 2005 3:19 pm
Location: Andalucía

Re: Right of Way: no plan, nor "copy on file".

Post by Conveyancer » Sat Jul 02, 2011 9:21 am

You do not need the plan because the note tells you all you need to know: "The roads and footpaths shown on the plan are the estate roads and footpaths."

The right of entry is potential problem. I would not in any circumstances advise you to buy this property.
If you have benefited from advice on this site please consider contributing to a cancer charity.

Roblewis
Posts: 1834
Joined: Mon Jan 24, 2011 11:41 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Right of Way: no plan, nor "copy on file".

Post by Roblewis » Sat Jul 02, 2011 11:18 am

This looks very like the sale of a plot from the "Big House" and they have been very anxious to keep the house within character of the surrounding area. It has risks unless you can prove they had no heirs at some point and the family line is extinct. Otherwise you may find some clever clogs heir knocking on the door as I am sure someone can find a deviation from the original build - 130 years ago

pilman
Posts: 3009
Joined: Thu Mar 11, 2010 4:08 pm

Re: Right of Way: no plan, nor "copy on file".

Post by pilman » Sat Jul 02, 2011 5:25 pm

In law restrictive covenants run with the land, positive covenants do not.

There has to a property with the benefit of any restrictive covenant, which does not seem to be the case reading the words used in the Register of Title.

If my understanding of the law is correct, that means the covenant was between the two parties who signed the 1880 conveyance.
I also understood that the perpetuity period is considered to be 80 years in English law.

Estate roads that are now adopted as public highways need no maintenance by house owners.

That is why I cannot understand the comment by Conveyancer that you should not buy this house.

There is no evidence of any land that has the benefit of the two restrictive covenants and the right of re-entry will never be available after 130 years to any heir of the original grantor who will need to seek a re-possession order in an English court.

If that was a legitimate worry, then a single premium indemnity insurance policy will be available to cover that aspect as an insurance company would be delighted to take money to provide cover for anyone who thinks that 1880 deed has legal validity

Conveyancer
Posts: 5610
Joined: Wed Sep 07, 2005 3:19 pm
Location: Andalucía

Re: Right of Way: no plan, nor "copy on file".

Post by Conveyancer » Sun Jul 03, 2011 11:47 pm

We have something different here and the usual questions about enforceability may be irrelevant. What we have in effect is a provision which says that if certain conditions are not fulfilled a right of entry may be exercised. I am no expert on the more abstruse aspects of land law, but it looks like you may have a determinable fee simple, which is something you do not want. I did start to do a bit of research, but when I came across section 12 of the Perpetuities and Accumulations Act 1964 I decided to call it a day. If you look here you will see why: http://www.legislation.gov.uk/ukpga/1964/55/section/12 Unless you can find a solicitor who has had come across something like this before, I think only a barrister in a specialist chamber will be able to say what the effect of the provisions are.
If you have benefited from advice on this site please consider contributing to a cancer charity.

jencast
Posts: 180
Joined: Thu Jul 14, 2005 4:52 am

Re: Right of Way: no plan, nor "copy on file".

Post by jencast » Mon Jul 04, 2011 5:40 am

Pilman or Conveyancer,
Could you Kindly explain the "in perpeteuity" as it relates to land law? I realize it means 80 years, but does that mean if a Deed of Grant were issued in perpeteuity today, in 2091, the Deed of Grant can no longer be excercised as it relates to a right of way? Perhaps I shouldn't worry since I won't be around in 2091, but I would think this is a time bomb with every passing year, my row is diminished. Thanks.

Conveyancer
Posts: 5610
Joined: Wed Sep 07, 2005 3:19 pm
Location: Andalucía

Re: Right of Way: no plan, nor "copy on file".

Post by Conveyancer » Mon Jul 04, 2011 9:52 am

jencast wrote:Pilman or Conveyancer,
Could you Kindly explain the "in perpeteuity" as it relates to land law? I realize it means 80 years, but does that mean if a Deed of Grant were issued in perpeteuity today, in 2091, the Deed of Grant can no longer be excercised as it relates to a right of way? Perhaps I shouldn't worry since I won't be around in 2091, but I would think this is a time bomb with every passing year, my row is diminished. Thanks.
The "Rule Against Perpetuities" is about controlling if and when an interest expressed to take effect at a future date in fact takes effect, if at all. The rules are pretty complicated and mostly deal with interests under trusts and the like. When it comes to easements the basic rule is that the "subject matter of the easement" must be in existence when the easement is granted. So, if you are granting a right of way you have to specify the route. However, the law recognises that this may not be possible in every case, for example if you buy a house on an estate and not all the roads are constructed. Accordingly the law allows you to grant easements where the "subject matter" does not exist at the date of grant so long as you specify that the "subject matter" comes into existence within "the perpetuity period". Under the common law the perpetuity period is "a life in being plus 21 years." In the case of private trusts, the "life" would be someone connected with the trust. When it came to easements (and indeed other situations) however there were difficulties in specifying one of the parties to the transaction since they might move on. Accordingly "Royal lives clauses" arose - see here: http://en.wikipedia.org/wiki/Royal_lives_clause The Perpetuities and Accumulations Act 1964 simplified matters by allowing a period of years not exceeding 80 to be specified.

Here is how it works in practice. Suppose you own two acres and sell one for development. You may wish to reserve the right to use all roads constructed on the land sold. You cannot specify the routes as no one knows where they will be. In the conveyance or transfer you first have a clause which defines the perpetuity period and state that it is the perpetuity period applicable to the deed. Then you reserve your right something like this: Reserving to the Vendor a right of way over all roads paths and other ways now or within the perpetuity period constructed on the land hereby conveyed. Your rights are secured so long as the roads etc are actually constructed within the perpetuity period.

A refinement is the "wait and see" rule introduced by the Perpetuities and Accumulations Act 1964 . That provides (as applicable to easements) that if no perpetuity period is specified you will still get the right so long as the subject matter arises within 21 years from the grant.

It will be seen that none of this has anything to do with how long an easement can be exercised for.
If you have benefited from advice on this site please consider contributing to a cancer charity.

pilman
Posts: 3009
Joined: Thu Mar 11, 2010 4:08 pm

Re: Right of Way: no plan, nor "copy on file".

Post by pilman » Mon Jul 04, 2011 8:13 pm

One other point to make an bout this initial posting is that the Land Registry guarantees a title.

If you are buying a registered freehold y title I cannot see what effect the words set out in a personal contract dated 1880, can have on registered land in 2011.

I know we are all different, but I would never have considered the wording in that deed to have any legal effect if I had seen that registered property for sale.
if at any time during such period as may not be contrary to the rule against perpetuities any of the Grantee's covenants hereinbefore contained shall be broken it shall be lawful for the Grantor his heirs or assigns (notwithstanding any previous waiver) absolutely to reenter upon the said plot of land or any part thereof and to thenceforth repossess and enjoy the same as if these presents had not been made." .
Surely that first bold line in the quote also makes it clear that this right of re-entry cannot last beyond the 80 year perpetuity period.
In the same way a guaranteed title under the Land Registration Act passed in 1925 and then revised in 2002 has to have overruled the 1880 contract that dealt with the right of re-entry.

Anon
Posts: 24
Joined: Mon May 11, 2009 11:07 am

Re: Right of Way: no plan, nor "copy on file".

Post by Anon » Mon Jul 04, 2011 8:49 pm

Hello again, and thanks for the replies so far.

I read the link Conveyancer posted, and immediately found out why he stopped there -huge legal complexity, suggested by a sentence even Sir Humphrey Appleby would have difficulty understanding.

I had other concerns over the title register contents, and had been thinking of posting the rest of it in General Topics, but the replies so far suggest I should post here (as it's probably connected).

Price Stated :Not Available

Registered Owner(s) :Ms X of (different address to the property).

Lender(s) :High-Street Bank PLC


A: Property Register

LOCAL AUTHORITY NAME IN CAPITALS

1 (1990's date) The Freehold land shown edged with red on the plan of
the above title filed at the Registry and being (it's address).

2 (aforesaid 1990's date) The land has the benefit of the following rights
granted by the Conveyance dated (1880's date) referred to in the
Charges Register...


B: Proprietorship Register

Title absolute

1 (March 2005) PROPRIETOR: Ms X of address [the aforesaid different address to the property's].

2 (aforesaid March 2005 date) RESTRICTION: No disposition of the registered estate
by the proprietor of the registered estate is to be registered
without a written consent signed by the proprietor for the time
being of the Charge dated (one month earlier) February 2005 in favour of High-Street
Bank PLC referred to in the Charges Register.

3 (mid 2010) BANKRUPTCY NOTICE entered under section 86(2) of the
Land Registration Act 2002 in respect of a pending action, as the
title of the proprietor of the registered estate appears to be
affected by a petition in bankruptcy against the aforesaid Ms X
presented in the Area County Court (Court Reference Number --- of
2010 ) (Land Charges Reference Number -- ------/10 ).


C: Charges Register

1 (1990's date) A Conveyance of the land in this title dated (1880's date) made between (1) Mr Male...

...repossess and enjoy the same as if these presents had not been made."

2 (aforesaid March 2005 date) REGISTERED CHARGE dated aforesaid February 2005 date.

3 (aforesaid March 2005 date) Proprietor: the same HIGH-STREET BANK PLC (Co. Regn. No. 0000), address.

End of register



A Zoopla search seems to suggest that the property went on the market but was not sold, the Zoopla entry reads as below;

Previously listed for sale on _______ 2008
£ Around two and three-quarter hundred thousand - Detached house [actually it's one of a terrace]

Is this your home? Get a local expert to value. You can also claim it to edit the property details and to set a TemptMe price to let others know the price at which you may consider selling.

Property description
(Synonym of "Awesome house")

Previously marketed by
Estate Agent
Branch address
See all current property for sale from this branch

[end of entry]


Also, the property seems to have been continuously empty (overgrown garden, no lights on, etc) since I first saw it around five years ago, and at one one time had some sort of eviction notice on the door -regrettably, I can't remember if it was aimed at the owner or squatters, tenants, etc.

Thanks for your continued interest and advice.

Conveyancer
Posts: 5610
Joined: Wed Sep 07, 2005 3:19 pm
Location: Andalucía

Re: Right of Way: no plan, nor "copy on file".

Post by Conveyancer » Mon Jul 04, 2011 10:53 pm

pilman wrote:One other point to make an bout this initial posting is that the Land Registry guarantees a title.

If you are buying a registered freehold y title I cannot see what effect the words set out in a personal contract dated 1880, can have on registered land in 2011.

I know we are all different, but I would never have considered the wording in that deed to have any legal effect if I had seen that registered property for sale.
if at any time during such period as may not be contrary to the rule against perpetuities any of the Grantee's covenants hereinbefore contained shall be broken it shall be lawful for the Grantor his heirs or assigns (notwithstanding any previous waiver) absolutely to reenter upon the said plot of land or any part thereof and to thenceforth repossess and enjoy the same as if these presents had not been made." .
Surely that first bold line in the quote also makes it clear that this right of re-entry cannot last beyond the 80 year perpetuity period.
In the same way a guaranteed title under the Land Registration Act passed in 1925 and then revised in 2002 has to have overruled the 1880 contract that dealt with the right of re-entry.
The guarantee only applies subject to what is on the register. It is I think unwise to assume that something can be disregarded just because it is contained in a deed of 1880. The words you quote leaped out and slapped me in the face. I am aware that such rights of entry exist but have never seen one except in connection with a rentcharge. It seems from the way the clause is worded that the draftsman was unsure if the Rule against Perpetuities applied. If he did not know back then then I certainly do not know now! On the whole land registration is essentially procedural law and does not affect the substantive law of real property.

Anyway, both you and I are behind the times! I have just discovered there is a new Act! http://www.legislation.gov.uk/ukpga/200 ... 018_en.pdf That leads me to repeat forcefully that the OP should not consider buying this property without obtaining a specialist opinion.
Last edited by Conveyancer on Mon Jul 04, 2011 10:59 pm, edited 1 time in total.
If you have benefited from advice on this site please consider contributing to a cancer charity.

Conveyancer
Posts: 5610
Joined: Wed Sep 07, 2005 3:19 pm
Location: Andalucía

Re: Right of Way: no plan, nor "copy on file".

Post by Conveyancer » Mon Jul 04, 2011 10:58 pm

Entries 2 and 3 in the Proprietorship Register may look alarming but will be dealt with on a sale.
Anon wrote:Also, the property seems to have been continuously empty (overgrown garden, no lights on, etc) since I first saw it around five years ago
Perhaps the right of entry frightened buyers off!
Anon wrote:...and at one one time had some sort of eviction notice on the door
Perhaps the right of entry was exercised!
If you have benefited from advice on this site please consider contributing to a cancer charity.

Anon
Posts: 24
Joined: Mon May 11, 2009 11:07 am

Re: Right of Way: no plan, nor "copy on file".

Post by Anon » Tue Jul 05, 2011 5:24 am

Thanks for the replies so far Pilman, Conveyancer, etc.

A change of direction now.

Still wondering about the estate roads/paths plan, I thought to look at my parents' physical deeds, in case they had a map that showed any of the area in question, (my parents own a near-by property).

I was perplexed and bemused when I came across a near identical set of covenants to the perturbing ones (apparently even worse as they mention a right of entry to my parents' property, even if no covenant is flouted). However, downloading the digital deeds reveals that "invalid" covenants have been omitted from the current title.

Current Digital Deeds
A: Property Register
1 (late 1987) The Freehold land shown edged with red...

B: Proprietorship Register
Title absolute
1 (late 2006) PROPRIETOR...
2 (late 2006) The price stated to have been paid...

C: Charges Register
1 (aforesaid late 1987 date) A Conveyance of the land in this title and other land
dated (an 1880's date) made between (1) Mr Male -[yes the one making the first house "unbuyable"] (Grantor) and (2) Mr Man (Grantee) contains the following
covenants:-

"The Grantee hereby covenants with the Grantor his heirs and
assigns in manner following:-
..................................................................
.......
(7) Not to permit any offensive or dangerous trade or business to
be carried on upon the said hereditaments not to use the same as a
place for the sale of intoxicating liquors
(8) Not to erect any additional buildings nor alter any existing
buildings upon the said plots of land without the written consent
on the Grantor."

2 (late 2006) REGISTERED CHARGE (dated earlier in the same month 2006).

3 (mid 2008) Proprietor: BUILDING SOCIETY WHICH TOOK-OVER THE 2006 ONE, address.

End of register


The Land Registry has left only a couple of the negative covenants. No original text references to the Estate Plan or dwellinghouse plan, no "Copy on File" references or scans included either.


Land Registry "Admissible Evidence" Copy (Edition date in 1988)
A. PROPERTY REGISTER
1. (late 1987 date) The Freehold land shown edged with red...

B. PROPRIETORSHIP REGISTER
2. (aforesaid 1988 date) The Transfer to the proprietor(s) contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof.

C. CHARGES REGISTER
1. (aforesaid late 1987 date) A Conveyance of the land in this title and other land dated (aforesaid 1880's date) made between (1) (the aforesaid Mr Male (Grantor)) and (the aforesaid Mr Man (Grantee)) contains the following covenants:-

"The Grantee hereby covenants with the Grantor his heirs and
assigns in manner following:-
..................................................................
.......
(7) Not to permit any offensive or dangerous trade or business to
be carried on upon the said hereditaments not to use the same as a
place for the sale of intoxicating liquors
(8) Not to erect any additional buildings nor alter any existing
buildings upon the said plots of land without the written consent
on the Grantor."


The Land Registry has left only a couple of the negative covenants. No original text references to the Estate Plan or dwellinghouse plan, no "Copy on File" references or scans included either. What happened up to 1987/1988 to "loose" covenants? And who supplied the indemnity -is it against the remaining covenants or "lost" ones, both, etc? Is it still valid?


Conveyance 1944
...ALL THAT plot of land situate in the (location) in the (location) forming part of the land delineated and coloured pink on the plan drawn in the margin of a certain Grant made (aforesaid 1880's date) between (the aforesaid Mr Male) of the one part and (the aforesaid Mr Man) of the other part AND ALSO ALL THAT messuage thereon or on some part or parts thereof erected and built and known and distinguished as Number __ in the said (location) TO HOLD the same unto the Purchaser in fee simple subject nevertheless to the observance of such of the covenants on the Grantees part contained in the said Grant of (aforesaid 1880's date) as are now subsisting and capable of being enforced.


I'll look through the earlier documents and quote relevant parts later today.

Thanks for reading.

jencast
Posts: 180
Joined: Thu Jul 14, 2005 4:52 am

Re: Right of Way: no plan, nor "copy on file".

Post by jencast » Tue Jul 05, 2011 6:10 am

Conveyancer/Pilman, thank you for the explanation of " In Perpeteuity" as related to land law. I guess the short and skinny interpretation of it is, that if the deeded easement were excercised anytime within the stated perpeteuity period, the interest becomes vested. Thank you.

Anon
Posts: 24
Joined: Mon May 11, 2009 11:07 am

Re: Right of Way: no plan, nor "copy on file".

Post by Anon » Wed Jul 06, 2011 5:28 am

I've now looked at older pre-registration deeds for my parents' nearby house (with reference to the covenants that have "disappeared" in later deeds).

This early indenture seems key. Note: my parents' property seems to have been bought/built together with one next-door.

Late 1880's Indenture (typewriter copy)
THIS INDENTURE made (mid-year of late 1880's year) between MR MALE of (large place) (hereinafter called "the Grantor") of the one part MR MAN of (small place) near (aforesaid large place) Builder (hereinafer called "the Grantee" of the other part) WITNESSETH that in consideration of the yearly rent Charge hereby reserved The Grantor as beneficial owner hereby conveys to the Grantee ALL THOSE two several plots of land situate in the parish of (aforesaid small place) in the County of (county) delineated and coloured pink on the plan drawn in the margin of these presents and intended to form the sites of Numbers __ and __ (district) in (aforesaid small place) aforesaid Together with the use in common with the Grantor his heirs and assigns and all other persons legally entitled thereto of the roads and footpaths shown on the said plan and of all such other roads footpaths and sewers as shall be made for the accommodation of the hereditaments hereby conveyed and adjoining premises TO HOLD unto the Grantee TO THE USE that the Grantor and his heirs may be entitled to receive in fee simple out of each of the said plots of land and all buildings from time to time thereon a perpetual yearly rentcharge of Two pounds payable by equal half yearly payments on the (mid year date) and the (end of year date) in every year the first of such half yearly payments to be made on the (end of year date) next AND TO THE FURTHER USE that the covenants herein contained (and of which the Grantor shall be deemed a Trustee for the benefit of all persons interested therein) shall be enforceable against the said hereditaments and subject thereto to the use of the Grantee in fee simple AND the Grantee hereby covenants with the Grantor his heirs and assigns in manner following (1) To duly pay the said Rents Charge (2) Within six calendar months from the date hereof to erect and completely finish ready for habitation on each of the said plots of land one and not more than one dwellinghouse in accordance with the plan already agreed upon between the parties (3) To keep all buildings from time to time on the said plots of land in good repair ad insured again fire to three fourths of the value thereof and to produce the policy and receipts for premiums to the Grantor on demand and to apply all insurance moneys in rebuilding (4) To properly fence in the said plots of land where not already fenced in within one calendar month from the date hereof and that all walls and fences when made shall be party walls and fences (5) To make and repair at his own expense so much of the road and footpaths shown upon the plan as abut upon the said plots of land (6) To permit the Grantor twice in every year or more often if necessary at reasonable times to enter and inspect the said premises (7) Not to permit any offensive or dangerous trade or business to be carried on upon the said hereditaments not to use the same as a place for the sale of intoxicating liquors (8) Not to erect any additional buildings nor alter any existing buildings upon the said plots of land without the written consent of the Grantor PROVIDED ALWAYS that the Grantor his heirs and assigns may if desirous of so doing allot certain plots on the estate of which the plots of land hereby conveyed form part for the purpose of a tavern or public house and also that if at any time during such period as may not be contrary to the rule against perpetuities any of the Grantee's covenants hereinbefore contained shall be broken it shall be lawful for the Grantor his heirs or assigns (notwithstanding any previous waiver) absolutely to re-enter upon the said plot of land in respect of which such a breach shall have occurred or any part thereof and to thenceforth repossess and enjoy the same as if these presents had not been made AND IT IS HEREBY DECLARED that all the Grantee's covenants and the proviso for reentry hereinbefore contained shall apply separately to each of the said plots of land hereby conveyed and buildings thereon as if each such plot had been granted by a separate Building Grant AND the Grantor acknowledges the right of the Grantee to production and delivery of copies of an Indenture dated (end of year mid 1880's) and made between Mr C and Mr D of the first part Mr E and Mr F of the second part Mr G of the third part Mr H of the fourth part and the Grantor of the fifth part and hereby undertakes for the safe custody thereof IN WITNESS Whereof the said parties to these presents have hereunto set their hands and seals the day and year first before written.

SIGNED sealed and delivery by )
the before named Mr Man ) Mr Male
in the presence of . . . .)

A. Solicitor

Solicitor. (aforesaid large place)

SIGNED sealed and delivered by )
the before named Mr Male ) Mr Man
in the presence of )

A. Clerk

Clerk to (name) (name) (name) & Co,

Solicitors.

(aforesaid large place)


Conveyancer mentioned having only seen rights of entry in connection with rent charges, and with the above indenture relating to my parents' nearby house rent charges are featured. I would assume it's also the case with the house that retains the right of entry on it's current digital deeds.

I'm left wondering why the properties' right of entry and other covenants were treated differently by the land Registry.

Any more thoughts anyone?

pilman
Posts: 3009
Joined: Thu Mar 11, 2010 4:08 pm

Re: Right of Way: no plan, nor "copy on file".

Post by pilman » Wed Jul 06, 2011 9:49 am

In the North West of England around the Manchester area, the common form of land disposal in the late 1800's was a 999 year building lease which contained the same types of covenants and the right to re-enter.

I recently saw where 6 houses had been erected on the land, and within 1 year all six houses had been sold off for the remainder of the term of the lease.

All of these properties are now registered as Good Leasehold as neither the main lease nor the freehold were ever registered.

The unknown leaseholder still retains the two road alongside behind these houses, so it seems unlikely that any of the rent due on that proportion of the leased land has ever been paid.

If the freeholder has the right of re-entry for the next 900 years as defined in the same way as your mentioned conveyances, then everyone of these houses should never build an extension or alter the property during the next 900 years without being aware of the threat of re-entry contained in each lease.

Again I am expressing a personal viewpoint as someone who has constantly bought and sold land for over 40 years, but these rights of re-entry over long leasehold land will never be able to be justified, in the same way as the rights of re-entry on land now registered as Absolute Freehold will never be upheld by an English court in 2011.

You are obviously a careful person by nature, but you do seem to be worrying unnecessarily, especially as the heirs and assigns of the original vendor are unlikely to know or care about what happens to the house you are considering buying.

Post Reply