Why can't covenants be written in plain and simple English?

[MattW]

Hello,

Whilst the cost of living crisis bites hard, and unwilling to part with too much (any) money on this at such an early stage, could anyone help me decipher the deeds and covenants on a field/paddock from a farm within a town boundary? Could I buy this and build on it?

 

It actually has a separate deed for the entrance/access strip into the field, I'll add them both below.

 

Field:

 

1. 1       (01.09.2003) The Freehold land shown edged with red on the plan of the
          above title filed at the Registry and being Paddock on the West side of
          REDACTED FOR PRIVACY.
   

2. 2       (01.09.2003) The land in this title has the benefit of the rights
          granted by but is subject as mentioned in a Conveyance thereof dated 29
          March 1961 made between (1) (Vendor) and (2) (Purchaser) in the
          following terms:-
   

          "SUBJECT TO and with the BENEFIT OF all easements and rights in the
          nature of easements at present belonging to or employed with adjoining
          and neighbouring property on over or relating to the property hereby
          conveyed (so far as the Vendors and assign the same)"
   

3. 3       (01.09.2003) The Conveyance dated 29 March 1961 referred to above
          contains the following provision:-
   

          "3. It is hereby declared that the Purchasers and their successors in
          title shall not be entitled to any easement or right of light or air or
          other easement or right which would restrict or interfere with the full
          use of any adjoining land of the Vendors or by the Vendors or any
          person deriving title under them from building or any other purpose"
   

          NOTE: The Vendors land was not further defined.
   

 

Entrance/Access Strip:

 

 

1      (15.08.2006) The land is subject to such restrictive covenants and
       easements as may have been imposed thereon before 15 August 2006 and
       are still subsisting and capable of being enforced.

 

 

Thanks cleverer people than I.

[ProDave]

The field does not appear to have any restrictions, but likewise has no right of light etc.

 

The access strip is subject to covenants that may have been imposed earlier but are not specified.

[SteamyTea]

Will cost you £350/hour for me to read that.

[saveasteading]

Get a highlighter and mark the important bits, that can then be read as a sentence. 

Then read it again as a sentencd.

[MattW]

42 minutes ago, SteamyTea said:

Will cost you £350/hour for me to read that.

Fair, I worried that was the going rate of solicitors. And I stand by the fact that the language was invented to exclude us muggles, thereby justifying their existence.

[MattW]

 

11 minutes ago, saveasteading said:

Get a highlighter and mark the important bits, that can then be read as a sentence. 

Then read it again as a sentencd.

It all seems highlighterable to me. That's the issue.

 

Is there a glossary available for these terms that someone could point me in the direction of?!

 

 

[saveasteading]

As PD says.

It is 3.3

 

You cant spoil the neighbours rights.

Plannning and regs define that anyway.

Looks ok.

 

Joining the 2 red lined areas, are you looking at taking the combined area?

 

I would continue to research the plot to confitrm your interest but get that covenant looked at profesionally before committing. 

A conveyancer would likely give free advice on the promise of the following work.

[saveasteading]

Why can't covenants be written in plain and simple English?

 

Because it is often ambiguous. 

 

Because it would require ancient documents to be translated, and that increases the chance of confusion.

Because such documents are formulaic and avoid missing or confusing an issue.

 

Most importantly, because commas are in short supply.

[MattW]

7 minutes ago, saveasteading said:

As PD says.

It is 3.3

 

You cant spoil the neighbours rights.

Plannning and regs define that anyway.

Looks ok.

 

Joining the 2 red lined areas, are you looking at taking the combined area?

 

I would continue to research the plot to confitrm your interest but get that covenant looked at profesionally before committing. 

A conveyancer would likely give free advice on the promise of the following work.

Thanks very much, the language is so obtuse (to me) that I wasn't sure it was even worth the hassle of putting infront of a conveyancer.

 

I would ideally take the combined area, but it wouldn't be a deal breaker to only have the field, provided I'd be able to create a new access point to the road.

One to continue on with.

Cheers @saveasteading

Edited March 24, 2023 by MattW
sloppy spelling

[saveasteading]

Just now, MattW said:

provided

What a big IF.

[MattW]

Just now, saveasteading said:

What a big IF.

Yeah, don't fancy having to climb over a wall to get the kids and shopping in the front door.

[saveasteading]

You can't take the risk of not getting access  permission.

Ask the agents about it.

 

Can't tell from the plans. You need a minimum distance line of sight from an entrance, and it depends on speed limit and any obstructions. If the county doesn't permit it, you simply won't get permission.

[ProDave]

And don't assume an existing agricultural access to a field will meet the requirements for access to a domestic dwelling.  Have a good look at what actual visibility you get in both directions from the existing access.