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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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What do the terms "Except and Reserving" mean on a land ce

Resolved Question:

What do the terms "Except and Reserving" mean on a land certificate?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Can you tell me what follows after "excepting and reserving" please?

Tom
Customer: replied 1 year ago.

HiTom,


 


"unto the Vendor and his successors in title the right to use all or any part of the Vendor's adjoining or neighbouring property for building or other purposes whether or not such use shall or obstruct or diminish the access of light and air now or at any time hereafter enjoyed by the Purchasers or their successors in title owners or occupiers for the time being of any part of the property hereby conveyed to or for any building or other erection now or hereafter to be erected thereon"


 


 

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

That entry means that other land has rights over yours. It’s quite common.

It was probably imposed by the developer that originally built your property. When the property was sold they inserted this clause. The purpose of the clause was to ensure that the developer was able to develop the land around your property without the owner of your property at the time being able to complain that it blocked sunlight to them and ceasing the development. Without this entry the owner of your house would potentially be able to stop them building other houses if their sunlight was blocked in even the most insubstantial or trivial way.

It basically means that you have no right insist that development which interrupts the flow of sunlight to your property. All the other properties in the development will also have the same entry .

If no-one’s developing so as to block your sunlight it’s not a problem.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Customer: replied 1 year ago.

Thanks Tom.


 


Can you please clarify if this clause remains in perpetuity or is there a time beyond which it is less likely to be enforced?


The property was built in 1984 when the clause was inserted.

Expert:  Thomas replied 1 year ago.
Hi,

It's binding on the property in perpetuity I'm afraid.

The only way that it could be altered would be an application to a landss tribunal I believe.

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.

Thanks! Thought it might be!


 


One last point. Is this factor likely to be taken into account when neighbours are applying for planning permission to build an extension? The clause does not appear to apply to "overshadowing" of conservatory/patio areas.

Expert:  Thomas replied 1 year ago.
Hi,

The clause itself would not be taken in to account by the planning department, it's a separate issue.

However, diminishing another's light is taken in to account by palnning as a general principle though.

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.

So even if the clause states no right to light, the planners may still apply the right to light under common law? Am I right in thinking the Act is under review but not yet changed? I believe the right to light may be acquired by anyone who has uninterrupted use over a period of 20 years. I have lived in this property for 19 months!

Expert:  Thomas replied 1 year ago.
They take the impact on neighbouring properties and the surrounding environment into account rather than whether or not you have a legal right as such.

They are not concerned with you you're really but rather they are concerned with weather the proposed development complies with that planning policies.

If you wish to object to the proposed development then you should do so by objecting to planning permission within the consultation period.

Please rate my answer.

I have to go out for a bout 45 minutes now
Customer: replied 1 year ago.

OK. Don't think you can help any more for now.


 


Many thanks.

Expert:  Thomas replied 1 year ago.
Hi

Please rate my answer, you have not yet and I do not get rewarded for my time unless you do.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6515
Experience: BA (Hons), PgDip, Practising Solicitor
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