Help With Charges/easement On Land Registry Document

Hi we are looking at purchasing a bungalow but looks like the original builders have charges relating to access. Can this be overturned?

2 Answers

Do you mean an agreement to contribute mutually to the maintenance of an accessway? Only by consent between the landowners which is unlikely because the provision would be there to ensure everyone maintains it.

Or do you mean a registered charge like a mortgage on the land? This can be discharged by paying off the lender or if they supply a DS3 to remove the charge from the part of the land being sold. A seller will usually promise to remove charges on completion of the sale (if you are buying, make sure their lawyer provides an undertaking to do so).

www.notaryexpress.co.uk

In the charges it relates to accessing the property. Thankyou for your reply, here’s a copy of what is stated

RESERVING NEVERTHELESS unto Pilchers and their successors in title and
all persons to whom they may within the perpetuity period grant the
like rights in common with Shepherds and their successors in title and
all persons to whom they may grant the like rights:-
(a) to pass and repass with or without vehicles at all times and for
all purposes over and along the estate roads to be constructed within
the perpetuity period on the said land hereby conveyed
(b) to pass and repass on foot only over and along any footpaths
constructed during the perpetuity period on the said land hereby
conveyed
(c) of free an uninterrupted passage and running of gas electricity
water steam power vapour rainwater soil and sewage to and from the said
land heeby conveyed into through and along and of inspecting cleansing
repairing maintaining communicating with and making connections to the
pipes wires cables watercourses drains and other structures to be made
or laid within the perpetuity period in under upon or over the said
land hereby conveyed and any buildings erected thereon any damage
caused thereby
(d) the right to build on and develop Pilchers' land in such manner as
Pilchers and their successors in title think fit and without any
restrictions as to height or otherwise without interference from or by
Shepherds or any person or persons deriving title under them.
2 A Conveyance of the land tinted blue on the filed plan dated 28
September 1981 made between (1) R D Pilcher & Son Limited and (2)
Shepherd Homes Limited contains a covenant and declaration that the
covenants and stipulations contained in the Conveyance dated 31
December 1979 referred to above affect the said land as if it had been
comprised in the Conveyance dated 31 December 1979.
3 A Transfer of the land in this title dated 25 November 1983 made
between (1) Barratt York Limited and (2) Peter Sharp and Margaret
Doreen Sharp contains restrictive covenants.
¬NOTE: Original filed.