what is covenants modified ?

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    what is covenants modified ?

    on a title search I recently did it says..
    B: Proprietorship Register
    Title absolute
    1 (09.12.2003) owners....
    2 (09.12.2003) price paid...
    3 (09.12.2003) the covenants implied under part I of the law of property (miscellaneous provisions) act 1994 in the disposition to the proprietor are modified.
    What does 3 mean?

    #2
    The law implies certain covenants for title when a property is sold or leased. They are all set out in part 1 of the Act and vary according to whether a full or limited title guarantee is given. The covenants can be modified. Obviously until the relevant document is produced it is impossible to say what the modification is and its effect.

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      #3
      Yes but, as the property is registered with absolute title, it's unlikely that the modification will affect anyone other than the 2003 Transferee.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #4
        Brilliant thats what I suspected,
        Thank you Jeffrey.

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          #5
          Originally posted by hollyhead View Post
          Brilliant thats what I suspected,
          Thank you Jeffrey.
          Did you yourself buy in 2003? Was it perhaps from a mortgagee in possession or a deceased's owner's executor?
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Im the L.
            It is one of the T in the block,They bought in 2003 from a previous owner.The previous owner they purchased from, did have a mortgage.I don't think the previous owner died,just moved on!

            Comment


              #7
              If the property is leasehold the law implies a covenants by a seller that he has complied with all the terms of the lease. There are usually some that have not been strictly complied with, e.g to paint the interior in every 7th year and so the modification is usually to the effect that the seller is not covenanting that he has strictly complied with these. If the landlord was making a fuss about the point you solicitor would have found this out so it is very unlikely to be a real issue.
              RICHARD WEBSTER

              As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

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