Conveyancing Questions

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Sticky: Deed of Covenant by Lawcruncher Started by Lawcruncher, 12-11-2020, 09:36 AM	0 responses 89 views 0 likes	Last Post by Lawcruncher 12-11-2020, 09:36 AM
Observe and perform the covenants and conditions & Implied Covenants by first timer 123 Started by first timer 123, 03-03-2021, 00:35 AM	8 responses 55 views 0 likes	Last Post by first timer 123 04-03-2021, 00:54 AM
Freeholder refusing to do LPE1 by Nauplii Started by Nauplii, 03-03-2021, 22:34 PM	0 responses 12 views 0 likes	Last Post by Nauplii 03-03-2021, 22:34 PM
Can Covenant to maintain fence be enforced. by bob369 Started by bob369, 03-03-2021, 19:26 PM	3 responses 23 views 0 likes	Last Post by Lawcruncher 03-03-2021, 20:38 PM
Conservatory 8 inches over my boundary by Tazzyman10 Started by Tazzyman10, 02-03-2021, 11:48 AM	4 responses 58 views 0 likes	Last Post by bethy 03-03-2021, 10:09 AM
Title plan incorrect by northsouth Started by northsouth, 27-02-2021, 12:59 PM	9 responses 106 views 0 likes	Last Post by northsouth 28-02-2021, 13:44 PM
Freeholder Duties In Leaseholder To Leaseholder Transfers by GGranger Started by GGranger, 27-02-2021, 11:08 AM	4 responses 36 views 0 likes	Last Post by GGranger 27-02-2021, 13:01 PM
Land Registry requirements- Deeds of Covenant & Certificate of Compliance submissions by CFMC Started by CFMC, 25-02-2021, 12:02 PM	3 responses 44 views 0 likes	Last Post by Lawcruncher 26-02-2021, 09:34 AM
Lease 63years & 999years added by Yattyyak Started by Yattyyak, 20-02-2021, 23:36 PM	8 responses 90 views 0 likes	Last Post by Yattyyak 25-02-2021, 15:52 PM
Aborted sale and charges by Solicitor by zrux Started by zrux, 24-02-2021, 14:11 PM	6 responses 85 views 0 likes	Last Post by Lawcruncher 25-02-2021, 12:51 PM
Buying a leasehold - are sellers obliged to tell me about major works? by noeyedear Started by noeyedear, 17-02-2021, 12:22 PM	3 responses 83 views 0 likes	Last Post by noeyedear 23-02-2021, 13:07 PM

Reply to Observe and perform the covenants and conditions & Implied Covenants

by first timer 123

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...
- Channel: Conveyancing Questions
04-03-2021, 00:54 AM
Observe and perform the covenants and conditions & Implied Covenants

by first timer 123

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
Freeholder refusing to do LPE1

by Nauplii

We 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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03-03-2021, 22:34 PM
Reply to Observe and perform the covenants and conditions & Implied Covenants

by Lawcruncher

If 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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03-03-2021, 20:44 PM
Reply to Can Covenant to maintain fence be enforced.

by Lawcruncher

See this thread I started years ago:

https://www.gardenlaw.co.uk/phpBB2/v...php?f=6&t=1727...
- Channel: Conveyancing Questions
03-03-2021, 20:38 PM
Can Covenant to maintain fence be enforced.

by bob369

My 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...
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03-03-2021, 19:26 PM
Reply to Can Covenant to maintain fence be enforced.

by Section20z

That 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
Reply to Can Covenant to maintain fence be enforced.

by Neelix

Good 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
Reply to Observe and perform the covenants and conditions & Implied Covenants

by first timer 123

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
Reply to Observe and perform the covenants and conditions & Implied Covenants

by Lawcruncher

There 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

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