LPC Advanced Commercial Property Notes ADVANCED COMMERCIAL PROPERTY SGS 1:

Extract from a draft interim report on 123 Moreton Road Title issues 1.The property is 123 Moreton Road, Dartley (the ‘Property’) registered under title number DL2345 with title absolute, which is the best class of t ...

Extract from a draft interim report on 123 Moreton Road Title issues 1.The property is 123 Moreton Road, Dartley (the ‘Property’) registered under title number DL2345 with title absolute, which is the best class of title allocated by the Land Registry. The Property is shown edged red on the plan annexed at Appendix 1 to this report [note to students: not reproduced for teaching purposes]. 2.The current registered owner is York Baring Friendly Society Limited, company number 407638 (the ‘Seller’). 3.The mines and minerals are excepted from the registration of the title to the Property and are owned by a third party. If you damage, remove or interfere with mines or minerals in third party ownership – through, for example, digging foundations or the piling process – this could amount to a trespass and lead to a liability for damages or an injunction to stop work. You should carry out a survey to establish the scope and extent of any mines or minerals below ground and see if your proposals would interfere with these. We have asked the Seller’s solicitors to confirm whether it knows the identity of the party owning the mines and minerals and whether anyone has sought to extract mines and minerals in the past. We will carry out a search of the Index Map to see if we can establish ownership. We are looking into the possibility of obtaining restrictive covenant indemnity insurance in relation to this. Restrictive covenants affecting the Property 1.There is a conveyance dated 7 February 1926 which contains the following restrictive covenants: not to do anything or allow anyone to do anything on the Property, including the excavating of mines and minerals which may interfere with railway traffic on the railway or which may in the railway company’s view be a nuisance or annoyance or cause damage; not to put up advertisements or any other erections so as to overlook the railway company’s property;