Does this mean the same as "PD rights removed" ?

SimonH2 · 10 Feb 2014

Looking into options for a friend, and on obtaining a copy of the conveyance from when the house was bought from the council (by someone else) 25 years ago, it has this in it :

Not without the consent of the Council first obtained (the granting of which shall not be unreasonably withheld but may subject be to reasonable conditions):-
...
(b) to make or permit or allow the making of any external structural alterations to the Premises or any part thereof.

Is this the same as removing PD rights, or something different ?

Logically, as it's a covenant (as opposed to some notice under the planning laws), it would seem that only the council could take action, and only for breaching the covenant rather than for doing building work without PP and/or BR. In practical terms, what action can be taken ?
Put another way, is it something that can be "reasonably safely" ignored ?

Also, not PP or BR related, but does anyone know what this bit means, or where I can find out ?

5. The Purchaser hereby declares as follows:-
(a) the Purchaser shall hold the Premises upon trust to sell the same with power to postpone the sale thereof and shall hold the net proceeds of sale and any other money applicable as capital and the net rents and profits thereof until sale upon trust for themselves as joint tenants.

(b) until the expiration of twenty one years from the death of the last survivor of the Purchaser the trustees for the time being of this Deed shall have power to mortgage charge lease or otherwise dispose of all or any part of the Premises with all the powers in that behalf of any absolute owner.

Architexeter · 10 Feb 2014

SimonH2 said:
Is this the same as removing PD rights, or something different ?

Different, as you say it is a covenant, not part of the GPDO. This was commonplace on council estates. It is in theory still in place but who 'polices' it is anyones guess. I guess if you were to put up a shed no-one would bat an eyelid however if you wanted to build a house in the garden then I'm sure all of a sudden it would be very onerous.

cjard · 13 Feb 2014

SimonH2 said:
5. The Purchaser hereby declares as follows:-
(a) the Purchaser shall hold the Premises upon trust to sell the same with power to postpone the sale thereof and shall hold the net proceeds of sale and any other money applicable as capital and the net rents and profits thereof until sale upon trust for themselves as joint tenants.

(b) until the expiration of twenty one years from the death of the last survivor of the Purchaser the trustees for the time being of this Deed shall have power to mortgage charge lease or otherwise dispose of all or any part of the Premises with all the powers in that behalf of any absolute owner.

Click to expand...

have you got the entire document? I think it's a shared ownership scheme where Joe Bloggs (resident) is joint owner of some percentage along with a non resident association, and this is essentially saying each has the power to dispose of their share, but they must hold the proceeds of the sale for the benefit of the otehr.. and I think clause B is for joe bloggs dying and leaving no family heir, 21 years later his share reverts to being owned by the management company. swarblaw.co.uk might be a better place to ask, or thelawforum.co.uk

SimonH2 · 13 Feb 2014

Yes I've got the whole thing. The purchasers were a married couple, both now deceased. There was no other party involved.
It starts off with

This conveyance is made the <date> BETWEEN <council> whose office is at <address> in the County of <county> (hereinafter called "the Council") of the one part and <name> and <name> of <address> in the said County (hereinafter called the Purchaser") of the other part

it then goes on with

WHEREAS:

(1) The Council are seised in fee simple in possession free from incumbrances of the premises described in Part VII of the Schedule hereto (hereinafter called the Premises").

(2) The Council are the local authority for the purposes of the Housing Act 1980 (hereinafter called "the said Act") and have provided the Premises under Part V of the Housing Act 1957.

(3) The first named Purchaser is a secure tenant within the meaning of the said Act.

(4) By virtue of the said Act a secure tenant has the right to buy the premises and the first named Purchaser has exercised such right.

(5) The Council have agreed with the Purchaser for the sale thereof to him of the Premises for an estate in fee simple in possession subject only as hereinafter mentioned at the price set forth in Part VIII of the Schedule hereto

NOW THIS DEED WITNESSETH as follows:-

1. In consideration of the payment by the Purchaser to the Council of the sum set forth in Part VIII of the Schedule hereto (the receipt whereof the Council hereby acknowledge) the Council as Beneficial Owners hereby convey unto the Purchaser ALL THAT the Premises described in Part VII of the Schedule hereto TOGETHER WITH the rights privileges and benefits set forth in Part II of the Schedule hereto but EXCEPT AND RESERVING unto the Council their successors in title and assigns and all persons authorised by them the rights privileges and benefits set forth in Part II of the Schedule hereto TO HOLD the same unto the Purchaser in fee simple SUBJECT TO the covenants terms and conditions and stipulations set forth herein and in Parts III and IV of the Schedule hereto.

2. The Purchaser hereby covenants with the Council:-

(a) that the Purchaser his successors in title and assigns and all other persons deriving title under him will henceforth duly perform and observe the covenants terms and conditions and stipulations contained in Parts III and IV of the Schedule hereto'.
(b) to impose in any Subsequent conveyance of the Premises covenants by the Purchaser under the said conveyance (i) to perform and observe the covenants terms and conditions and stipulations referred to in sub-clause (a) of this clause (ii) to reimpose on any subsequent Purchaser the covenants in this Clause contained

and carries on with stuff about rights of others to continue using and maintain existing shared service or service that pass through the property (including a reference to Redifusion NW Ltd !), and stuff like that.

Everything makes sense, except for this odd bit in section 5

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Does this mean the same as "PD rights removed" ?

SimonH2

Architexeter

cjard

SimonH2

DIYnot Local

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