Click Legal Advice ::

 Free Legal Advice

26/09/2011 11:48:32 Davidgj Posts: 1

I am in the closing stages of buying a property, but solicitors are disagreeing about who are the beneficiaries of these covenants. It seems to me to boil down to the correct interpretation of:- "EXCEPT and reserving the easements and other rights specified in the second schedule and the transferee HEREBY covenants with the Transferors for the benefit of the remainder of the land comprised in the above mentioned title to observe and perform the restrictive covenants and stipulations specified in the Third Schedule hereto." The remainder of the land referred to is now a neighbouring property, the restrictive covenants in the Third Schedule restrict the right to make alterations to the property I intend to buy and the rights to air and light. I am confused by the word "EXCEPT" which in ordinary English would mean that what follows is not to be taken into account but I seek confirmation that these covenants do apply to the land which I seek to purchase as opposed to the neighbouring land.

• permalink • reply with quote

---