Rights, easments and charges on a property

[wik]

Hi all. Looking at a property at the moment. Pulled the land reg details before even speaking to the estate agent.
( I will of course get full legal advice if we like it after viewing but wondering if it is worth even viewing )
The easements sound like one of the neighbours can wander onto the property at any time.
Also the charges look very vague and worrying citing any 'nuisance or annoyance' !
What do the legal bods think ? Is this a case of AVOID AVOID AVOID !


(1) The full and free right to enter on the adjoining land of the
Vendor for the purpose of maintaining the sewer or drainpipe and
inspection chamber situate on the said land the Purchasers making good
all damage to the surface occasioned thereby

(2) The right of free and uninterrupted passage and running of water
soil gas and electricity through the drains sewers channels
watercourses cisterns pipes cables wires and other services serving the
land hereby conveyed which are now or may within eighty years from the
date hereof be laid in on or under the adjoning land of the Vendor and
the right to enter from time to time upon the said adjoining land of
the Vendor for the purpose of making connection with and testing and
repairing and maintaining and cleansing the said drains sewers channels
watercourses cisterns pipes cables wires and other services making good
all damage occasioned thereby so far as aforesaid
3. THERE is excepted and reserved in fee simple to the Vendor and her
successors in title the owners and occupiers for the time being of all
or any part of the adjoining land of the Vendor to the North East of
the property hereby conveyed to connect up and use the sewers and
drains now or hereafter to be laid in on or over such part of the
property hereby conveyed as is not built upon or any part thereof and
the free passage and running of water and soil to and from the said
adjoining land of the Vendor the Vendor making good upon demand all
damage occasioned thereby."
3 The Conveyance dated 20 June 1975 referred to above contains the
following provision:-
"ANY rights of light or air which would prejudicially affect the user
by the Vendor or her successors in title of her or their said adjoining
land are hereby expressly excepted from the effect of this Conveyance
and it is hereby agreed and declared that the Purchasers and their
successors in title shall not become entitled to any such rights for
the benefit of the land hereby conveyed."
4 The Transfer dated 22 February 1985 referred to in the Charges Register
contains the following provision:-
"IT IS HEREBY AGREED AND DECLARED that the Transferees shall not become
entitled to any easement of way light or air which would or might
interfere with or restrict the free use of any neighbouring land
retained by the Transferor or the said

Charges

"The transferees hereby jointly and severally covenant with the said
xxxxxx for themselves and their successors in title:-
.......................................................................
..
Not to do or allow to be done on the land hereby transferred anything
which may be or grow to be a nuisance or annoyance to the said XXX
XXXXX or her successors in title."

[Rude-boy]

Well what you have just posted up there would be almost word for word the sort of clauses you will find on the title to 100,000's of properties all over England and Wales.

I am also strongly suspecting that there are words to the effect of "Such rights to be exercised after the giving of notice, save in the case of emergency" in that there copy of the title you have got hold of.

But without a full copy of the title, and undertaking all the usual searches and investigations, I would not wish to tell you that there is no issue, your legal advisor must do that. I'm just telling you that, subject to more information, nothing you have posted isn't looking and feeling very run of the mill.