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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10778
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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The Deeds to my freehold property state "In this deed the followi

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The Deeds to my freehold property state "In this deed the following definitions apply" and I am most interested in one of the definitions, viz: "Restriction Period" Five years from the date of this Transfer. The date of the transfer was 16th October 2006. The Deed of Transfer contains inter alia, "RIGHTS GRANTED" "RIGHTS RESERVED" "DECLARATIONS" and "TRANSFEREES COVENANTS" I am the transferee.
My question is. Does the "Restriction Period of five years, relate to each and every "RIGHTS GRANTED" "RIGHTS RESERVED" "DECLARATIONS" and "TRANSFEREES COVENANTS"
I am mainly concerned with a particular matter: The Transferor covenanted to maintain estate roads sewers and drains intended to serve the properties of the estate, at the same time the transferees covenanted to pay a fair and proportionate part of the costs to the transferor. Are these particular covenants by both sides now time barred because of the time restriction of 5 years? Thank you, ***** *****
Hi David,Thanks for your enquiry.I do really need to see a copy of the Transfer document to be 100% (not sure if you could email it to me, please?)However, the Restriction Period would normally only relate to the Transferees covenants (I am guessing that there may be a covenant preventing you from building an extension without the Developers consent during the restriction Period).The Rights granted to you, and reserved by the Developer definitely last forever.As regards ***** ***** of the roads and sewers, it would be normal for the Transfer to say that the Developer will make sure that the said roads and sewers will be constructed and maintained until such time as they are adopted by the Council/Water Board.I will look forward to hearing from you.Al
Customer: replied 2 years ago.
Thank you, ***** ***** dealt with my questions quite adequately.
Thanks David.If I have helped, I would be grateful if you could rate my answer.Best WishesAl
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