Struggling to understand form disclosing liabilities for land
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.