The title register of the house I’m buying has two clauses that concern me:
Section A: Property Register
The land tinted blue on the title plan has the benefit of the rights granted by but is subject to the rights reserved by a Transfer thereof dated 8 May 2013 made between (1) (person1) and (2) (transferee)
Section C: Charges Register
A Transfer of the land tinted blue on the title plan and other land dated 12 December 1986 made between (1) (the council) (2) (person1) contains the following covenants:-
"The Purchaser hereby covenants with the Vendor for the benefit of the land coloured blue on the plan attached hereto.
(a) to use the property only as garden land or for the erection of a garage".
NOTE: The land coloured blue is tinted pink on the title plan.
The title plan is above, first image, edged red – the purple bit is the house and front garden separated by a path. The second image is the plot of land (edged red) transferred to the property in 2013 (and now makes up the full title plan), and we can see that the vendor seems to also own other plots there.
My conveyancer has interpreted this by saying
“With regard to the pink coloured areas, even though you are not buying the said plots of land, you still benefit from being able to use the said areas but only as a garden or a garage. The convenant does not affect the land that you are buying in any way, however by purchasing the said land you are entitled to use the plots highlighted in pink as a garden or garage as per the provisions of the Transfer dated 12/12/1986”
My concern is that those pink areas form the back gardens (and are being used as such) of other houses with no access for me, so I can’t see this being correct.
My interpretation is that, following the timeline
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Person1 buys some land at the rear of the row of houses (of which I am buying a house on) from the council, and the council put a covenant on it.
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In 2013 the people who owned the house I am buying (at that time) bought a small plot of it from Person1 to use as their back garden. This sale transferred the covenant to the new buyer.
I think there is a covenant on the land by interpreting the clause in the charges register as below
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A Transfer of the land tinted blue on the title plan and other land dated 12 December 1986
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Land tinted blue (blue on the title plan)
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Other land (other plots)
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The Purchaser hereby covenants with the Vendor for the benefit of the land coloured blue
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Land coloured blue (this is subtly different to the land tinted blue)
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The land coloured blue is tinted pink on the title plan.
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Land coloured blue (should now be considered as tinted pink)
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So to me the covenant affects the land tinted blue and the land tinted pink on the title plan, and so the back garden has a covenant.
Calling the land registry mentioned it is a legal matter and can’t help. Does anyone else think I am wrong here and to accept the conveyancers interpretation?