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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 28947
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I’m after some advice on a freehold that I purchased from

Customer Question

Hi I’m after some advice on a freehold that I purchased from leasehold a few years ago?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: The freehold has been purchased by myself but it states there are restrictive covenants contained, and there appears to be other names mentioned on the deeds?
JA: Where is the freehold located?
Customer:*****warton Pr41fd
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I just need some advice on what it all means
Submitted: 13 days ago.
Category: Law
Expert:  Joshua replied 13 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

how may I assist in relation to the above please? I believe you have some queries in relation to a freehold title and in particular, some covenants contained therein?

Customer: replied 13 days ago.
Hi I just need the following information clarified, we bought our freehold a few years ago, it states pink shaded areas has benefits-what does this mean? There are 3 persons named on the register, who are they? What are the restrictive covenants? It states we are still subject to lease? I would be grateful if you could clarify this, thanks
Expert:  Joshua replied 13 days ago.

thank you. By way of background, it appears that the freehold title as its now comprised at some point in the past comprised two parcels of land and accordingly, one half of the land is subject to certain provisions which the other half is not.

in relation to the land that is tinted pink on the plan, this benefits from what are known as quasi-easements. This is a peculiar legal provision and appllies principally when land is divided up - i.e. where you are in a parcel of land and sell off part of it. Where you do so, you can include what are known as quasi-easements in the transfer of the land to include for example, the right to continue to enjoy the provision of utilities through pipes or wires laid over or under the ground, any shared access rights that are necessary to access the newly parcelled off piece of land and so on. It is essentially a laboursaving device to avoid having to set out all of the potential rights that may otherwise be necessary to set out in the deed.

in this case, it simply principally would mean that the land tinted pink is entitled to continue to receive the benefit of any utilities that are laid under the next-door property or indeed over the next door property and in the unlikely event there is any requirement for access over the next door property to access your property ( doubtful) this can also continue to be exercised. Similarly, such rights are also reserved for the benefit of the neighbouring property so that to the extent necessary, they can continue to benefit from any pipes, cables and wires and so on laid on or under what is now your property

there are also restrictive covenants that affect the land noted at entry one of the charges register in a transfer dated 6 July 2018. In order to ascertain what these restrictive covenants are, you would need to obtain a copy of that transfer. If you do not have it, a copy can be obtained from the land registry by completing the following form and sending it to the land registry together with a cheque for 7 pounds. alternatively, your solicitor may have a copy of the transfer if they acted for you in the acquisition of the freehold

https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

Customer: replied 13 days ago.
Thanks Joshua that clears things up a bit, do we actually own the freehold properly? As it states leasehold 999 years at the bottom of the letter?
Expert:  Joshua replied 13 days ago.

Assuming you are "C P and H P" (I am using initials rather than your full names for privacy purposes as the documents you have uploaded are secure, the text of this thread is not) then you are the legal owners. The reference to the lease is because the freehold is subject to a leasehold interest of 999 years which is presumably the leasehold you refer to in your opening post

Customer: replied 13 days ago.
That’s great just one last thing, who are following persons named on the register and what is their purpose?
Sheila ***** ***** - John Murray Thomas Howell - Michael Graham cox?
Expert:  Joshua replied 13 days ago.

the land subject to certain provisions contained within the transfer of 19 January 2015. The details of a transfer not set out in the title and a copy of that document we need to be obtained from the land registry to ascertain what the requirements are provisions are. There is a restriction on the title but prevents you from selling title without among other things, permission from the among others, individuals you refer to. your solicitor should have explained provisions of that document as part of the acquisition of the freehold. If they did not, you can either revert to your solicitors asking them to explain the position or as above, obtain a copy of the transfer from the land registry to ascertain what the requirements are that you have to meet in order to transfer or sell the title