Can anyone explain to me what is going on with the land tinted pink on this plan?

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    Can anyone explain to me what is going on with the land tinted pink on this plan?


    Can anyone explain to me in basic English what is going on with the land tinted pink in contrast to the land show edged in this title register.

    Below is the text contained within the title register, and there should (I hope ) be an image of the plan.

    It’s worth noting that the freehold land is shown edged with red, and there is no cross hatched land marked on the plan associated with this property


    Title Register

    Section A


    1 The Freehold land shown edged with red on the plan of the above Title
    filed at the Registry and being xxxxxxxxxxxxxxxxx

    2 The roads and footpaths are subject to rights of way.

    3 (18.10.1993) The land has the benefit of the rights granted by but is
    subject to the rights reserved by the Transfer dated 6 October 1993
    referred to in the Charges Register.

    4 (18.10.1993) The Transfer dated 6 October 1993 referred to in the
    Charges Register contains provisions as to light or air and boundary
    structures.

    Section C

    The land tinted pink on the filed plan is subject to the following
    rights reserved by a Conveyance thereof and other land dated 13 May
    1981 made between xxxx xxxx(Purchaser):-

    "EXCEPTING AND RESERVING under the Vendor for the benefit of the
    Vendors retained property shown cross hatched red on the attached plan
    and every part thereof capable of being benefited thereby ("the Vendors
    retained property") the right at any time or times to erect or alter or
    permit to be erected or altered any buildings or other structures on
    the Vendors retained property in such manner as to obstruct the passage
    of light and air to any building for the time being on the property
    hereby conveyed and all rights of drainage passage of light air and
    water and all liberties and advantages (if any) now used and enjoyed
    (whether as easements quasi easements or otherwise and whether or not
    continuous apparent or reasonably necessary) with the Vendors retained
    property over the property hereby conveyed".

    NOTE: The land cross hatched red referred to lies to the South of the
    land in this title.
    ________________________

    #2
    The seller in 1981 made it clear that there would be no right to light or air for the land being conveyed.
    That is a very common clause which will allow the retained land to be developed right up to its boundary, even if a new house had been erected on the burdened land that had windows facing towards the retained land of the Seller.

    The fact that the retained land is located to the south of your property ought to mean that clause ought not to have any adverse effect on your house in 2020.

    Comment


      #3
      Originally posted by pilman View Post

      The fact that the retained land is located to the south of your property ought to mean that clause ought not to have any adverse effect on your house in 2020.
      Firstly, many thanks for the reply.

      Could you clarify that for me, I'm not sure I understand the ref to south and 2020?

      Am I thinking correctly, that the covenant made in 1981 is only applicable to half the land (shaded in pink) and the other half has no covenant?

      Comment


        #4
        There is a parcel of land south of your own property that was identified as the retained land on the 1981 deed plan.

        That would mean that if it was to be developed with housing that was erected right up to the boundary of that land it would be so far away from where your house is positioned on the plot that it would not have any adverse affect on your property.

        The land sold in 1981 included the pink tinted area, but not the remainder of the land in the plot you now own, so there is nothing that prevents either of those areas to be dealt with as you wish.

        The original deed was to protect the land retained by the seller so he could do with it as he wished, even it meant there was a loss of light or air to any part of the land he sold in 1981.

        That is what I meant by using the date 2020.
        There is now no chance your plot can be affected in any way because the land immediately south of the house is not the retained land.
        It's part of your legal estate to do with as you wish.

        As far as anyone is concerned that entry in the register is superfluous, because no one knows where the retained land actually is based on the description used.
        NOTE: The land cross hatched red referred to lies to the South of the
        land in this title.

        Comment


          #5
          Its all making sense now. Thank you for that

          Comment

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