Strug­gling to un­der­stand form dis­clos­ing li­a­bil­i­ties for land

Yorkshire Post - Property - - PROPERTY - John Rob­son ques­tion­naires to com­plete and I am strug­gling with one ques­tion­naire in par­tic­u­lar. I have re­ceived a form en­ti­tled a Dis­clos­able Over­rid­ing In­ter­ests Ques­tion­naire. The word­ing is dif­fi­cult for the lay per­son to fol­low and I’m re­ally struggl

I can un­der­stand your dif­fi­culty as the stan­dard form is, by virtue of its pur­pose, worded in a tech­ni­cal man­ner.

The form was in­tro­duced fol­low­ing the im­ple­men­ta­tion of the Land Reg­is­tra­tion Act 2002 which came into force as from Oc­to­ber 13, 2003. The new law un­der this Act ap­plies to reg­is­tered land and in­tro­duced a fun­da­men­tal process whereby any in­ter­ests af­fect­ing the land to be trans­ferred or leased were iden­ti­fied and dis­closed to both the Buyer of the prop­erty and Land Registry.

Some of these rights and in­ter­ests are more com­mon than oth­ers. The dis­clos­able mat­ters are :

Rights claimed by per­sons in oc­cu­pa­tion of the prop­erty

A lease af­fect­ing the prop­erty

Any rights of way cross­ing the land

A right to con­nect and use pipes and sew­ers cross­ing the land

Rights of light and rights of sup­port claimed by ad­join­ing prop­er­ties.

The above are the more com­mon and usual rights. The fol­low­ing are the more rare mat­ters:

Rights to oth­ers to mine un­der the land

Rights to oth­ers to take things from the land, for ex­am­ple hay, fish, tim­ber

The right to hold a fair and Mano­rial rights

Rent payable to the Crown on the grant­ing of a free­hold es­tate

Rights re­lat­ing to em­bank­ments or sea walls or river banks

Li­a­bil­ity for pay­ments such as a Chan­cel Re­pair li­a­bil­ity and corn rents.

Any of the above rights to which your prop­erty may or is af­fected should be dis­closed on the form or ques­tion­naire pro­vided. If there are any such rights and they are not al­ready re­ferred to upon the ti­tle reg­is­ters to your prop­erty, then Land Registry will con­sider the same and will more than likely en­ter a note on the reg­is­ter as to the rights.

A duty of dis­clo­sure does ap­ply and if you are aware of any such rights they must be dis­closed. Fur­ther, if any of these rights be­come ap­par­ent to you dur­ing the course of the sell­ing process you must up­date your con­veyance with full de­tails.

Land Registry have im­posed an obli­ga­tion on the seller of land to be trans­ferred or leased to pro­vide full dis­clo­sure as the seller has the per­sonal knowl­edge of the land and prop­erty and is usu­ally the only per­son able to pro­vide clar­ity on the sub­ject. Cer­tain rights you may be aware of and must dis­close may af­fect the land to be sold in a neg­a­tive way. For ex­am­ple, a Chan­cel Re­pair li­a­bil­ity. In such cases it is pos­si­ble to ob­tain in­dem­nity in­sur­ance to cover the buyer against any po­ten­tial neg­a­tive af­fect the right may have over the land. The pre­mi­ums to ob­tain such in­dem­nity in­sur­ance are rel­a­tively low . Your con­veyance will be able to pro­vide de­tails and a quo­ta­tion.

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