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Alex J.
Alex J., Solicitor
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Would an ABSTRACT of the TITLE deed , dating back to 1937 still

Customer Question

Would an ABSTRACT of the TITLE deed , dating back to 1937 still stand today ?

No. 5 of The First Schedule says that no buildings to be erected on plot of land should be erected with 7ft 6ins of the western and eastern boundaries of the land ( the boundaries we are responsible for )

Would this still stand today ?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

MY name is AJ and I will assist you.

Is this listed as a restrictive covenant on the title?

Kind regards

AJ
Customer: replied 3 years ago.


Hi AJ


 


We are new to this so you will have to bear with me


We have all the original old documents to the house as their was only one main owner and they kept everything. Two of the old documents I have picked are a Conveyance document and this separate Abstract of Title document and on this abstract titlement it has a list ( 7 in total ) and the fifth mentions about what im querying

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

No problem. You have to read back slightly, does it say on the the document that this restrictions came from a conveyance of the land?

Can you confirm you are looking at the land registry documents?

Kind regards

AJ

Customer: replied 3 years ago.


when I spoke to the land registery today all they have is the " basic" information , what we already have ie what are boundary measurements are , etc


 


This Abstract of the Title document from 1937 contain 4 large pages of writing which also includes old brown paper drawings/scales


 


In the list of 7 items , it mentions in the others things like no buildings can be erected for shops purposes, no more than 2 semi detached houses should be erected on the plot of land etc


 


This document has signatures on it also


 


Ive never looked at documents like this prior and it gives me the impression this is the plan before they got built


 


We are on a bank and our neighbours peoperty steps down and before we moved there they had an extension done that comes up right against out drive and when you look up there guttering hangs over our drive . We recently renewed our drive and she began to nitpick about a small pillar on our boundary and ask for a letter in writing from us to say they can do work on the wall if they wish to . So we have decided to look into exactly what our boundary measurements are but also this old document which mentions about the no buildings within 7ft 6" of our boundary

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

SO the abstract is the result of an existing conveyance. Does it say on the list who can enforce this abstract? Is there a mention of one the landowners from 1937?

Kind regards

AJ
Customer: replied 3 years ago.


A lady from the land registery said it sounds like an extension of the conveyance ?


 


I wish I could show it you ! as emails can be a little ambiguous


 


One the first pager at the top it says:


 


ABSTRACT of the TITLE


 


of


Mr Harold Goldstraw to two messages or dwellinghouses known as " colcha " and "penlon" greenbank road , maybank , in the coy of Stafford


 


BY CONVCE of this date made between Joseph Cook of the crossway maybank in the coy of Stafford builder (thrinar clld "the vr") of one pt and John barratt wooliscroft of 28 milehouse lane afrsd builder (thrinar called "the pur") of the orppt


 


then it continues......


 


it seems like the agreement and purchase and design of the land/house

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

That is how would read it as well. However it is ultimately a restriction enforceable only by the person who is named as the beneficiary of it. Presumably it would be the seller from the 1937 conveyance in this instance, who would have also potentially owned the neighboring land. If that is the case that person may long since be deceased and therefore not around to enforce the restriction.

Can you tell me a bit about what you are trying to achieve?

Kind regards

AJ

Customer: replied 3 years ago.

Two things


 


To ascertain where our measurements are on our land in regards to the boundary measurements


 


If the extension are neighbour next to us correct and legally acceptable as like I said prior the have extended across right up to our drive so there is no gap between the drive and property at all , When you add the guttering overhang onto this it has meant it will restrict how far we could go across with an extension . It seems whilst the elderly lady prior was living here they took advantage of how much they could do. We discovered because they have dug away at their land so much its affected the structure of our garage in the garden . But obviously all this was done a couple of years before we moved in . I guess we are upset that they think they can do as they wish without consulting us as normal people about any future work . The other day she outright asked my husband for something in writing about our boundary wall saying they can do work , basically without speaking to us

Attachments are only available to registered users.

Register Here

Customer: replied 3 years ago.


Hi AJ


 


Whilst ive been communicating with you, I retrieved our Title Register from the Land Registry and there is an Schedule of restrictive covenants and no.5 says ;


 


No buildings to be erected on the plot of land hereby conveyed shall be erected within seven feet six inches of the western and eastern boundaries of said land


 


????

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Excellent so it is a restrictive covenant.

Is it contained on her title?

Kind regards

AJ
Customer: replied 3 years ago.


Hi AJ


 


Excuse my ignorance, but what do you mean by is it contained on her title ? where would I look ?


 


Ive read through our Register Title and it even picks up on the 1937 document I first brought to your attention - in section C


 


It says ; 1. A conveyance of the land in this title and other land dates 16th august 1937 made between (1) joseph cook (vendor) and (2) john barratt woolis-croft (purchaser) contains covenants details of which are set out in the schedule of restrictive covenants hereto.


 


2. The land is subject to the rights contained in a conveyance of the land in this title dated 26th feb 1945 made between (1) Harold goldstraw and (2) Oswald brown


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If you are looking to see if you can challange your neighbours ability to build on her land so close to your boundary, you need to check her title to see if it contains the same restrictive covenant but for the benefit of your land.

A restrictive covenant is for the benefit of the land, so long as you can identify who the covenant applies to and which parcel of land benefits from it you can enforce that covenant in court. You also need to read the covenant to check that anyone can enforce it.

Are you able to obtain a copy of this Land Registry Official Copy and let me know?

I appreciate that this is not straightforward so I am happy to discuss it until we can get to the bottom of it. It is made especially difficult when you have these very old conveyances which use outdated legal text.

Kind regards

AJ
Customer: replied 3 years ago.


Hi AJ


 


Thank you for your prompt replies


 


The absolute truth is for whatever reason , they had an issue with us from the moment we moved into our house which is sad as we are a genuine nice couple


 


We haven't been happy with a few things they have done but we let it go as were so distracted in our lives and business but we now have time to see where we stand as people and owners and the nit picking and requesting written letters has not impressed my husband .


 


I have retrieved their Title Register and as its a public one it may not have everything you require but this is some of their restrictions . number 4 stood out to me .....


 


The following are details of the covenants contained in the Conveyance


dated 23 February 1955 referred to in the Charges Register:-


The Purchasers thereby covenanted with the Vendor that they the


Purchasers and their successors in title would at all times thereater


duly observe and perform the covenants and conditions contained in the


First Schedule thereto


THE FIRST SCHEDULE before referred to


Restrictive covenants and conditions to be observed and performed by


the Purchasers


1. No building of any kind other than 5 dwellinghouses with


appropriate offices and garages to be appurtenant thereto and occupied


therewith should be erected on the said land and such dwellinghouses


should not be used for any noxious or offensive trade business or


manufacture or as a shop or licenced premises for the sale of


intoxicating liquor or in any way whereby the same may be or become a


nuisance or annoyance to the owners or occupiers of the adjoining land.


2. The dwellinghouses proposed to be erected on the said plot of land


should have their principal aspect facing the road to which the said


land abuts and should be set back to the building line shown on the


said plan


3. Plans of the buildings proposed to be erected on the said land


should be submitted to and approved by the Vendor or his Surveyor for


the time being before the building should have commenced


4. No building erected on the said plot of land should be erected


within 7 feet 6 inches of the north eastern and north western


boundaries of the said plot of land but the restriction should not


apply to a detached garage greenhouse or summerhouse to be erected at


the rear of the said dwellinghouses.


NOTE 1:-The building line referred to in clause 3 forms the existing


line of buildings


NOTE 2:-The North eastern boundary of the land in this title forms the


north eastern boundary referred to and the north western boundary of


the land in this title forms part of the north western boundary


referred to in clause 4.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Firstly I know it is not very neighbourly but I think it is important to have everything in writing. If you ever then had a dispute it would be easier to confirmed evidence to hang your hat on.

Secondly, I am still unclear, does the information above appear your title document or the neighbours title document?

Kind regards

AJ
Customer: replied 3 years ago.
What I've just sent you is the neighbours title register
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

You may be able to enforce this against your neighbour but the law on enforce ability is extremely complex.

You need to show that the restrictive covenant touches and concerns your land and is actually a restriction by nature. It also needs to show that the burden was intended to run with the land and to benefit your land.

In order to do this you will need to look back through all your original documentation.

It may be that you should consider other avenues. If she has built it against the wall it may be that it is a party wall or she may be in breach of planning conditions.

So is she currently permission to do further works?

Kind regards

AJ
Customer: replied 3 years ago.
Their house extension has already been built , it was done before we moved to our house , we have lived here nearly 7 years

What we want to know after us telling you about our restrictions then me messaging you a list of their title register restrictions, is what they have done not allowed ? How have they got away with it ?
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

They have done it and got away with because no one has been on hand to enforce the restrictions. They are contractual restrictions agreed by private individuals, they are not like planning permissions or planning consents.

The only remedies are civil in nature which implied that unfortunately that some has to be on hand and aware of the restrictions to enforce them. This would involved having been aware of the restrictions at the time.

As you are now aware of the situation you may be able to prevent it from happening again should any further development occur. But you will need to get hold of the original conveyance that the restriction relates to. This will be able to tell you if your land benefits the covenant and if you can be the person to enforce it.

Kind regards

AJ
Customer: replied 3 years ago.
So to be clear , we can't do or say anything now because its already been done ?
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

On the face of it yes there is not much you can do.

The only way to know whether you are even entitled to enforce the covenant or if you are statute barred from doing so is to get hold of the original conveyance and have it reviewed by an expert. In relative terms this may not be worth the cost, unless you want to explore using the covenant to prevent her from taking future action in breach of it.

Kind regards

AJ
Customer: replied 3 years ago.
I think we may have the original conveyance
What we are confused about is , If its on theirs and ours title register , how have they got away with it and also would the planning departments check the register title for restrictions . It says on ours that this must be upholded to basically every person who owns the property . So what's the point in it if its just " personal " between people if its on the land registry records
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I understand why it is confusing, but unfortunately the Planning Authorities will not look at or enforce restrictive covenants.

The restrictive covenant probably should have still applied to her but I am afraid there was no one around to enforce it. Your only option is to have a solicitor review the original conveyance and see if you can enforce still. My only concern is this may be a wasted exercise because of the period of time that has passed. That is why I would say that if you do decide to spend the money on solicitor to help you enforce it you may be left out of pocket for these expenses if it transpire that you are barred from doing so.

Kind regards

AJ
Customer: replied 3 years ago.
Ok, it is quite saddening in reality .
It is a party wall that is also our boundary , can we tell them they cannot do anything without discussing with us first ?
They've neglected the consequences of what can happen to our land and buildings to make everything good for them as it is
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If it is a party then by law they should not do any to that wall without a Party Wall Agreement.
https://www.gov.uk/party-wall-etc-act-1996-guidance
This is governed by the party wall act.

If you want to slow her down and make sure she does not step out of line I would suggest you get the opinion of a surveyor and send her the opinion to confirm that she should not be building against this wall without your permission.

Kind regards

AJ

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