TP1 drafting Flashcards
What is different to TR1
The only box which is different is panel 12.
What is included in box 12
1) Definitions
2) Rights reserved or granted (Easements)
3) Restrictive Covenants
4) Others Covenants
5) Other terms required by the transaction to be inserted
Definitions
Usually include definitions of:
(1) Plan - the plan attached to this transfer
(2) Retained Land - means the land edged [blue] on the Plan, being that part of the land comprised in title number [NUMBER] as is not comprised in the Property
Rights Granted for the benefit of the property
Need to ensure that the TP1 contains all the easements necessary for the full use and enjoyment of the Property e.g a right of way to gain access to the Property and a right for electricity to reach the Property
Rights granted for the benefit of the property - Rights of way to gain access to the property
The Property is sold together with the following rights:
a) a right for the Transferee the Transferee’s successors in title [and the [owners and tenants] of [ADDRESS]] together with the Transferor and all other persons entitled to a right to pass and repass with or without vehicles over and along the [Driveway] for the purposes of gaining access to the Property, [the Transferor and Transferee and their successors in title each contributing one half of the costs of maintenance of the [Driveway]]
Rights granted for the benefit of the property - Right for electricity or water to reach the property
b) a right for the Transferee and its successors in title together with the Transferor and all other persons entitled to a right to the free and uninterrupted passage of [electricity] from and to the Property through the cables wires or other channels or conductors which are laid in or under or passing through the Retained Land or any part of it together with [the right for the Transferee and its successors in title to enter the Retained Land for the purpose of repairing cleaning maintaining or renewing the cables wires or other channels or conductors doing as little damage as possible to the Retained Land and making good any damage caused in exercise of this right.]
Rights reserved for the benefit of other land
This is if the seller wishes to exercise any rights over the land being sold
Restrictive covenants by the Transferee
This section needs to start with a clause annexing both the benefit and the burden of the covenant(s) to the land meaning that future owners of the Retained land will get the benefit and future owners of the Property will be bound.
Restrictive covenants by the Transferee - Introductory clause
The Transferee covenants with the Transferor to the intent that the burden of the covenants will run with and bind the Property and every part of it and that the benefit of the covenants will be annexed to and run with the Retained Land and every part of it, to observe and perform the stipulations set out below:
Restrictive Covenants - Use of property
Not to use the property or any part of it except as a [private dwellinghouse]
Restrictive Covenants - Carrying on trade
Not to carry on any trade, business or profession on the Property or any part of it
Restrictive Covenants - Building or erecting
Not to build or erect anything else on the Property except a [single private dwellinghouse with usual outbuildings].
Restrictive Covenants - Nuisance
Not do or allow to be done on the Property anything which may be or grow to be a nuisance or annoyance to the Transferor or its successors in title who are the owners for the time being of the Retained Land.
Restrictive Covenants - Anything else on the property
Not to allow anyone else to do anything on the Property which contravenes any of the above restrictions
Positive Covenant
Need to start with some introductory wording. As this is a positive covenant it will not pass to the buyer’s successors in title so no need to annex the burden of the covenant to the land. The benefit of the covenant can however pass to the seller’s successors in title
