The situation with freehold properties is that even if thisprovision is in the deeds, it does not pass down to subsequent owners unlessthere is what is known as a chain of indemnity covenants where subsequentowners covenant to repair the fence each time the only changes.
The situation with a leasehold property is different and anycovenant to repair offence is enforceable by anyone having an interest in it.
The wording is terrible but you don't need me to tell you that! Youneed to break the clause into pieces. It is a strange quirk of legal draftingthat there is no punctuation however I read the clause as follows...
I'm going to paraphrase this. The term in the lease in effectsays that: except for the fences marked with the T (which belong to and arepart of the leased premises) all fences between the property and next door areparty fences and repaired at the joint expense of the tenants of each propertyseparated by the fence.
So, the fencing question being marked with a T belong to theleased premises of which the deed refers to.
Does that answer the question? Can I help further?
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