I think this is the relevant bit of the deeds
(iv)
the right at all times and for all purposes with or without motor
vehicles to pass and repass (but not to park or obstruct) over and
along the land edged brown and green on the said plan.
NOTE: Copy
From the whole
The Freehold land shown edged with red on the plan of the above Title
filed at the Registry and being 25 High Street, East Budleigh, Budleigh
Salterton (EX9 7ED).
2 The Conveyance dated 2 December 1971 referred to in the Charges
Register contains the following provision:-
"PROVIDED ALWAYS that nothing herein contained or implied by law shall
operate to confer on the Purchasers or their successors in title and
that the Purchasers or their successors in title shall not hereafter
acquire (i) any easement or quasi-easement right or privilege
whatsoever over or against the Vendors' adjoining or adjacent property
or any other part or parts of the said Estates other than any express
rights hereby granted (ii) any rights to light or air or any other
easement right or privilege which would or might restrict or
prejudicially affect the future rebuilding alterations or development
of such adjoining or adjacent property or any part thereof or any other
part or parts of the said Estate."
3 The land has the benefit of the following rights granted by but is
subject to the following rights reserved by a Transfer of the land in
this title dated 23 November 1986 made between (1) Findown Properties
Limited (Transferor) and (2) Kezia Helen Cogger (Transferee):-
"2. The said land is hereby transferred together with the rights set
out in the First Schedule hereto but excepting and reserving as therein
set out.
FIRST SCHEDULE
Together with the following rights for the Transferee and her
successors in title.
(a) a full and free right of passage and running of water soil gas and
electricity through the pipes sewers drains and cables laid or
1 of 4
A: Property Register continued
hereafter to be laid during the period (hereinafter called "the
specified period") commencing on the 2nd day of September 1986 and
enduring for 80 years (which said period shall be the perpetuity period
applicable to this sale) beneath the adjoining land now or formerly
belonging to the Transferor and serving both the property hereby
transferred and the adjoining dwellinghouse and garages and thence into
the pipes sewers drains and cables laid or hereafter to be laid during
the specified period in or under Church Lane and thence into the mains
laid in the highway subject to the Transferee paying a fair proportion
of the cost of the repair maintenance cleansing and renewal of such
pipes sewers drains and cables TOGETHER with the right to enter the
said adjoining land for the purpose of inspecting repairing maintaining
cleansing or relaying such pipes sewers drains and cables doing thereby
as little damage as possible and making good all damage done PROVIDED
that the Transferee shall if practicable give reasonable notice of
their intention to exercise the said right of entry and (b) a right
after the giving of reasonable notice and at all reasonable times
(except in the case of emergency) to enter upon the immediately
adjoining land now or formerly the property of the Transferor so far as
may be necessary for the purposes of inspecting cleaning maintaining
repairing and renewing such parts of the property hereby transferred to
which access could not otherwise reasonably be obtained causing as
little damage as possible and making good to the reasonable
satisfaction of the owners and occupiers for the time being of the said
adjoining land any damage caused.
BUT EXCEPTING AND RESERVING for the benefit of the adjoining land now
or formerly the property of the Transferor being the land edged mauve
and orange on the said plan.
(1) The full and free right to lay sewers and drains water and gas
pipes and electricity and telephone cables over or under the property
hereby transferred with all necessary plant equipment including the
siting of standards and stays and to the full and free flow of water
soil gas and electricity through such sewers drains pipes and cables
nor or hereafter during the specified period to be laid subject to the
Transferor and its successors in title paying a fair proportion of all
costs and expenses relating to the repair maintenance cleansing and
renewal thereof TOGETHER ALSO with all necessary rights of entry upon
any part of the property hereby transferred in order to lay connect
into inspect test repair maintain cleanse and renew all existing or
future drains sewers pipes and cables PROVIDED that (1) in exercising
such rights the person so entering shall do no unnecessary damage to
the property hereby transferred and make good all damage so caused and
(2) if practicable the person exercising such right shall give
reasonable notice to the occupier of the intention so to enter (ii)
full right and liberty for the South Western Electricity Board and the
Gas Board and their respective successors to place underground supplies
under the property hereby transferred and thereafter to use the same
PROVIDED ALWAYS that the said Boards and their respective successors
shall make good any damage caused as soon as practicable and shall not
break open the surface of any land covered by a building (iii) the
right after the giving of reasonable notice and at all reasonable times
(except in the case of emergency) to enter upon the property hereby
transferred so far as may be necessary for the purpose of inspecting
cleaning maintaining repairing and renewing such parts of the buildings
erected on the immediately adjoining land now or formerly the property
of the Transferor to which access could not otherwise reasonable be
obtained the person or persons exercising such right causing as little
damage as possible and making good to the reasonable satisfaction of
the Transferee any damage caused to the property hereby tranferred (iv)
the right at all times and for all purposes with or without motor
vehicles to pass and repass (but not to park or obstruct) over and
along the land edged brown and green on the said plan.
NOTE: Copy of Transfer plan filed.
B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains
any entries that affect the right of disposal.
Title number DN275530
2 of 4
B: Proprietorship Register continued
Title absolute
1 (03.05.2011) PROPRIETOR: DARREN CLAYTON of 25 High Street, East
Budleigh, Budleigh Salterton, Devon EX9 7ED and care of Langler House,
Market Place, Somerton, Somerset TA11 7LX.
2 (03.05.2011) The price stated to have been paid on 20 April 2011 was
£210,000.
3 (03.05.2011) The Transfer to the proprietor contains a covenant to
observe and perform the covenants referred to in the Charges Register
and of indemnity in respect thereof.
4 (03.05.2011) RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate or by the proprietor of any
registered charge, not being a charge registered before the entry of
this restriction, is to be registered without a written consent signed
by the proprietor for the time being of the Charge dated 20 April 2011
in favour of National Westminster Home Loans Limited referred to in the
Charges Register.
C: Charges Register
This register contains any charges and other matters that affect the land.
1 A Conveyance of the land tinted pink on the filed plan dated 2 December
1971 made between (1) Neil Arthur Campbell and others (Vendors) and (2)
The Right Honourable Gerard Neville Mark Fane Trefusis Baron Clinton
(Lord Clinton) and (3) Roger Michael Stephens and Dorothy Stephens
(Purchasers) contains the following covenants:-
"3. THE Purchasers hereby jointly and severally covenant on behalf of
themselves and their respective successors in title with the Vendors
and Lord Clinton and their respective successors in title for the
benefit and protection of the adjoining or neighbouring property
belonging to the Vendors or Lord Clinton and each and every part
thereof not to carry out any mining quarrying or other analogous
operations on the property hereby conveyed or any part or parts
thereof.
7. IT IS HEREBY AGREED that the Vendors shall be at liberty to sell any
part or parts of their said Estates on such terms and conditions as
they shall think fit and whether or not subject to any easements or
covenants restrictive or otherwise."
2 The land tinted pink on the filed plan is subject to the following
rights reserved by the Conveyance dated 2 December 1971 referred to
above:-
"EXCEPT AND RESERVING unto the Vendors and their successors in title
for the benefit of all other parts of their Estate and whether or not
belonging to the Vendors at the date hereof (i) the free passage and
flowing of water and soil gas and electric current through all sewers
drains pipes wires and cables running through in under over or attached
to the property hereby conveyed with full power to reconstruct divert
or alter all sewers drains pipes wires and cables as may be necessary
or expedient (ii) the right for the Vendors and their successors in
title and all persons authorised by them to enter upon the property
hereby conveyed at all reasonable times for the purposes of having
access to the sewers drains pipes wires and cables thereon or running
thereto or therefrom as aforesaid for the purpose of cleansing
repairing maintaining or renewing the same (but without any obligation
on the Vendors or their successors in title so to do) the Vendors and
their successors in title making good all damage thereby occasioned.
Subject to all (if any) wayleaves and to all easements for the passage
and flowing of water and soil gas and electric current to and from the
said property and other properties now or previously forming part of
the Vendors' Estates whether at the time of sale belonging to the
Vendors or not and to all rights of drainage way support light and air
party walls fences and other easements and quasi-easements (if any)
affecting the same and whether mentioned therein or not."
Title number DN275530
3 of 4
C: Charges Register continued
3 (03.05.2011) REGISTERED CHARGE dated 20 April 2011.
4 (03.05.2011) Proprietor: NATIONAL WESTMINSTER HOME LOANS LIMITED (Co.
Regn. No. 1449354) of Mortgage Centre, P.O. Box 12201, Brindley Place,
Birmingham B2 2AG.
End of register