Buying A Terraced House

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    Buying A Terraced House

    Hi all, Hope this is in the right place.

    I'm looking at buying a MID Terraced house with a service road which runs along the rear of the property and gives access to rear garden.

    I have purchased a copy of the Title Plan and found this in the wording, can anyone advice please. would this be charges for the service road??

    C: Charges Register
    This register contains any charges and other matters
    that affect the land.


    1 The land (with other land) is subject to the following yearly rent
    charge payable to the President and Governors of Guys Hospital

    (a) £630 from the 29th of September 1919 in perpetuity and

    (b) £14870 from the 29th of September 1919 to the 28th of
    September 1922 and

    (c) £15870 from the 29th of September 1922 to the 28th of
    September 1925 and

    (d) £16870 from the 29th of September 1925 to the 28th of
    September 1928 and

    (e) £17870 from the 29th of September 1928 in perpetuity


    2 The land (with other land) is subject to two perpetual yearly rent
    charges (so far as the same are existing and capable of taking
    effect) of £200 and £100 respectively reserved by Letters Patent
    dated the 15th of May in the 15th year of the reign of Charles I
    of which sums of £200 and £100 the sums of £155.3.10 (subject to a
    deduction of £31 for Land Tax) and £77.8.3¨ (subject to a
    deduction of £15.18.0 for Land Tax) have been apportioned as
    payable in respect of the land in Title Z3457Z (of which the land
    in this Title formed a part) and the land has the benefit of the
    Covenant of Indemnity against the sum of £67.7.10¨ (the residue of
    the said two rent charges contained in a deed dated the 31st of
    July 1746 made between Lascelles Metcalfe of the 1st part
    Nathaniel Neal of the 2nd part and The President and Governors of
    Guys Hospital of the 3rd part (Abstract filed under Z3457Z)


    3 A Deed dated the 28th of February 1923 (filed) contains a Covenant
    to pay the rent charges mentioned in entries 1 and 2 above and to
    indemnify the owner of the land comprised in this Title.


    4 (19.06.2006) REGISTERED CHARGE dated 9 June 2006.


    5 (19.06.2006) Proprietor: NORTHERN ROCK (ASSET MANAGEMENT) PLC (Co.
    Regn. No. 3273685) of Croft Road, Crossflatts, Bingley, West
    Yorkshire BD16 2UA.


    6 (19.06.2006) The proprietor of the Charge dated 9 June 2006
    referred to above is under an obligation to make further advances.
    These advances will have priority to the extent afforded by
    section 49(3) Land Registration Act 2002.

    End of register

    #2
    Rentcharges are not very common so I don't know a huge deal about them.

    What the first 3 entries mean is that the house and other nearby properties need to pay £18,800 per year to Guy's hospital - presumably the house is near the hospital? It doesn't say what the charge is for but it was probably imposed when the hospital sold off the land for development. I would guess the charge is split between a lot of properties so your share may be quite small.

    If you buy, your solicitor would need to check whether the charge is collected and, if so, how much is collected each year for that property. If it hasn't been collected then it still can be collected in the future. They can also claim for the previous 6 years from the date they demand payment. You may also be able to take out indemnity insurance to cover the amount if it should ever be demanded.

    Comment


      #3
      Thanks for your reply. makes more sense now

      presumably the house is near the hospital?
      No quite the opposite really, Guys Hospital is in London and the house in question is in Lincolnshire, So well over 100 Miles at a guess.

      I would guess the charge is split between a lot of properties so your share may be quite small.
      There are two rows of 20 houses in the same street which share the access/service road. which is in between the two rows of 20.

      Thanks for your reply.

      Comment


        #4
        The rentcharge doesn't say it is anything to do with the shared road. Usually, if it is to do with a shared road, it would say you would be responsible for a share of the cost of repairs to the road. When you do your local authority search, your solicitor can check whether the road has been adopted by the local authority i.e. so they would pay for any repairs.

        Comment


          #5
          I think you'll find the rentcharge, on a freehold property, is effectively similar to a service charge on a leasehold property...but with none of the legal controls in place.

          Also aren't they trying/going to stop them because they are so old fashioned and unfair?

          Comment


            #6
            The rentcharge doesn't say it is anything to do with the shared road. Usually, if it is to do with a shared road, it would say you would be responsible for a share of the cost of repairs to the road. When you do your local authority search, your solicitor can check whether the road has been adopted by the local authority i.e. so they would pay for any repairs.
            ok thanks i will make sure i ask about this.

            I think you'll find the rentcharge, on a freehold property, is effectively similar to a service charge on a leasehold property...but with none of the legal controls in place.

            Also aren't they trying/going to stop them because they are so old fashioned and unfair?
            i understand what you mean and it would be good if it is stopped.

            Thanks to you all for your help with this problem.

            Comment


              #7
              A Deed dated the 28th of February 1923 (filed) contains a Covenant to pay the rent charges mentioned in entries 1 and 2 above and to indemnify the owner of the land comprised in this Title.
              It appears that someone signed a deed in 1923 to say they would pay the rent charge and indemnify the owner of your property.
              That would mean there was no longer a rent charge liable to be paid by any owner after 1923.

              Comment

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