The previous conveyance (1960's) from when we purchased in the 1990':
It describes the dwelling house with rights, easements & appurtenances.
TOGETHER WTH and subject to but/the benefit of an arrangement between the owners with
for the time being of the property hereby conveyed...
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Latest Topics
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Channel: Conveyancing Questions
04-03-2021, 00:54 AM -
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On my transfer it states:
The Transferee hereby covenants with the Transferor that they Transferee and the persons deriving title under the Transferee will at all time hereafter observe and perform the covenants and conditions contained or referred to in the said Conveyance so far as the...-
Channel: Conveyancing Questions
03-03-2021, 00:35 AM -
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by NaupliiWe own a leasehold property which we are in the process of selling. The freeholder has claimed to be interested in buying the property from us, so we added him into the estate agents contract in case he wanted to buy, but after chasing many times he never produced anything to show he was serious about...
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Channel: Conveyancing Questions
03-03-2021, 22:34 PM -
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by LawcruncherIf the rights are in the pre-registration documents they ought to be ought to be on the register. It is possible they are referred to indirectly. Is there an entry which says something like: "The property has the benefit of the rights set out in a conveyance dated***. (Copy filed)"?
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Channel: Conveyancing Questions
03-03-2021, 20:44 PM -
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by bob369My 92 year old mum is frail and vulnerable, and now on her own.
A fellow property developer bought the house next door a few years ago (they are attached semi's) and has split it into flats.
My mum was recently broken into, with someone gaining access to her garden through...-
Channel: Conveyancing Questions
03-03-2021, 19:26 PM -
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by Section20zThat covenant is only any use if your mum is the beneficiary, ie her land that was sold in 1932 or her predecessor - and even then it won't be easy.
Cheaper just to stick a new fence up, and knick a bit of his land while you're at it :-)...-
Channel: Conveyancing Questions
03-03-2021, 20:12 PM -
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by NeelixGood luck with that. You'll probably find its unenforceable and all the other party needs to do is maintain boundary marking.
You could however, put up your own fence on your side of the existing fence-
Channel: Conveyancing Questions
03-03-2021, 20:03 PM -
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thank you so much for such a detailed response.
Can I just pick your brains a little further please.
You say it will most likely be a positive covenant if there is nothing on our title.
Would the following make you think otherwise or not?
We have found pre-registrations...-
Channel: Conveyancing Questions
03-03-2021, 18:20 PM -
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by LawcruncherThere are three possibilities:
The property is not subject to any covenants. If there are no covenants including a covenant with the seller to observe covenants is a mistake. The covenant to observe cannot have any effect and can be totally annoyed.
The property is subject...-
Channel: Conveyancing Questions
03-03-2021, 17:30 PM -