• Covenants With The TP1 Document

    By Guest on 21st Nov 2016

    Not sure if I have selected the correct category, however, it has recently come to light that there are covenants with the TP1 document, relating to the transfer of our property, that obligates the transferee's to charges. Our issue is that this document has never been presented to us to sign. Are we still obligated if we have not signed or even been given the document to sign.

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    By Guest on 21/11/2016

    Although you are not strictly bound by the positive covenants if you gave not signed the deed which created them, it depends what the charges relate to. There is a doctrine, known as the doctrine of mutual benefit and burden (or the rule in Halsall v Brizell 1957) which states that "a person cannot continue to take the benefit of a deed without subscribing to the obligations under it". In other words, if the charges are collected in order to maintain some communal facility such as a shared private road and you refuse to pay the charges then any right you have under the deeds to use it may be rendered not valid

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