Land Registry Wording

[adder1]

Can someone please clarify what the following wording means in the charges section of a title :
'The Vendor reserves the right to deal with any adjoining or neighbouring land of the Vendor forming part of the Portland View Estate without reference to and independently of the foregoing stipulations and to alter or vary the foregoing stipulations in regard to any other plots forming part of the said Portland View Estate'

Am I right in thinking that it may restrict the right of the Purchaser of this property from objecting to changes being made on adjoining land?

[R0b]

Hi,

Think it pretty much says what you are thinking it says. I don't think it outright prevents you from objecting to any changes made to the land because you could still raise an objection to planning permission for example.

I'm not a property lawyer but on the face of it, that sort of language sounds common because it allows the vendor to negotiate different rights and restrictions in relation to other adjoining land.

If I was the buyer, I would be concerned around rights granted to adjoining land that may grant rights of way over the buyers land, or if the vendor does anything which materially affects the buyers rights and quiet enjoyment of the land.

It really comes down to the buyer’s bargaining power and whether changes can be made. If this was a large developer estate I would be surprised if any changes would be entertained but shy kids get nothing! If I was the buyer I would to see if I could make the following changes at least:

1. The vendor won’t agree to any stipulations that materially affect the rights and enjoyment of the buyer’s land.

2. (Alternative to 1 above) If the buyers rights and quiet enjoyment are materially affected, the vendor must inform the buyer and the buyer, acting reasonably, has a right to object.

3. The reference to varying the foregoing stipulations should be made clear that those variations apply only to the adjoining land and does not give the vendor to vary the stipulations in the buyer’s contract at a later date.

The buyer (if it is you) should talk to their conveyancer or solicitor about this and get their view. If you have a conveyance, I would always argue using a solicitor who will have more legal knowledge and understanding of how these drafted clauses apply and operate whereas a conveyance may not be legally qualified which means the buyer may need to pay for more legal advice.

[adder1]

Hi Rob, thanks for your comments. Very useful.