Drafting Contracts for Land Sales

Rights over retained land automatically granted to a buyer under the Law of Property Act 1925, s.62 or Wheeldon v Burrows rule.

A clause specifically excluding any implied rights of light or air, preventing future building restrictions on retained land.

Creating new easements in favor of the buyer.

Creating new easements in favor of the seller.

The rule that only applies to implied grants, not implied reservations.

A part of the land that the buyer is purchasing. The buyer wants to ensure that the seller is actually selling this.

A legal description of the land that will be referenced in the contract. It includes the address, reference to the title register, and a plan showing boundaries.

A legal document that shows the ownership of property. It can be used to identify the boundaries of the land and the rights associated with the property.

A document that shows the boundaries of the land being sold. It is attached to the contract and shows the area that the buyer will be purchasing, and also the area that the seller will retain.

A legal document that allows someone to use another person's land. It can be used to create a right of way or to allow access to a property.

A legal document that outlines the terms and conditions of a property sale.

Selling only a portion of a property, as opposed to the entire property.

A legal right that allows someone to use another person's land for a specific purpose.

A promise made in a contract that restricts the use of land.

A written document used as a guide when drafting legal documents.

The process of amending a precedent to fit a specific scenario.

The seller's legal obligation to ensure the property has a clear title, free from encumbrances.

When a conveyancer fails to properly protect the seller's interests, potentially hindering future sales of the remaining property.

A clause in a contract that grants the buyer the right to use an existing accessway leading to their property, but requires them to contribute towards its maintenance.

A clause allowing the buyer to install new drainage and sewer lines across the seller's retained land, specifying a defined route to minimize intrusion.

A clause granting the buyer the right to connect to the seller's existing drainage and sewer lines, requiring shared responsibility for maintenance and repairs.

A clause enabling the buyer to access the retained land to inspect, maintain, and repair both new and existing services, requiring prior notice except in emergencies.

A protective measure in the contract, requiring the buyer to repair any damage caused during access or repairs, ensuring the seller's property remains intact.

A provision in the contract that allows the seller to remove a greenhouse located on the property.

A clause that limits the buyer's right to access the retained land for repairs to a specific area, minimizing interference with the seller's property.

The seller protects their interests by a clause requiring prior notice and the buyer's responsibility for damage.

A covenant is a promise made in a contract that binds the buyer to certain actions or restrictions on the property they are purchasing.

A covenant that runs with the land binds future owners of the property to the terms of the covenant.

A covenant that benefits the land means that the owner of that land can enforce the covenant against the owner of the burdened land.

A covenant that burdens the land means the owner of that land has to comply with the covenant.

A restrictive covenant is a covenant that restricts the use or development of the property. It restricts the owner's ability to do certain things.

This clause in the contract ensures that the buyer must build a fence along the boundary line.

The buyer promises they will not park vehicles in the access way or obstruct it.

The buyer promises not to do anything that might annoy the owner of the retained land.

A clause in a contract that specifies when and how a seller can remove items from a property before the sale is complete.

A type of covenant that restricts what a property owner can do.

A covenant that requires a property owner to do something.

A specific legal principle saying the burden of a positive covenant does not apply to future owners.