Common use of Matters Affecting the Property Clause in Contracts

Matters Affecting the Property. 5.1 The Property is sold free from incumbrances other than:- (a) any matters other than financial charges disclosed or which would have been disclosed by the searches and enquiries which a prudent purchaser would have made before entering into this Agreement; (b) wayleaves consents permissions or privileges in respect of any service pipes wires cables conduits poles stays pylons or other apparatus; (c) liability to repair walls fences roadways drains sewers pipes wires cables conduits xxxxx ditches or the like; (d) local land charges (whether registered before or after the date of this Agreement or not) and matters capable of registration as local land charges whether or not so registered; (e) notices served and orders demands proposals or requirements made by any local or other authority or company whether before or after the date of this Agreement; (f) actual or proposed orders directions notices charges restrictions conditions agreements and other matters arising under the Town and Country Planning legislation; (g) ecclesiastical or civil duties and payments charged upon or payable out of the Property; (h) drainage rates and charges and other outgoings; (i) incidents of tenure rights of way (whether public or private) light air and drainage and other easements quasi-easements rights liberties and privileges; (j) any matters which the Seller does not and could not reasonably know about; (k) any matters discoverable by inspection of the Property by the date of this Agreement; and (l) public requirements. 5.2 The Seller shall not be required to define any of the matters or things referred to in this clause or ascertain the ownership of any walls fences ditches or such other matters and things as aforesaid beyond such information (if any) as is afforded by the documents of title. 5.3 The Buyer is deemed to have full knowledge of the matters referred to in this clause and will raise no enquiry, requisition, objection or claim in respect of them.

Matters Affecting the Property. 5.1 The Leasehold Property is sold free from incumbrances other than:-subject to and where applicable with the benefit of the following matters (so far as they affect that Leasehold Property and are subsisting or capable of taking effect):- (a) any 6.1 the matters other than financial charges disclosed or which would have been disclosed by affecting the searches and enquiries which a prudent purchaser would have made before entering into this AgreementLeasehold Property as stated in the draft Transfer(s); 6.2 all matters affecting the Leasehold Property which are or have been:- 6.2.1 (bwhere the Leasehold Property is not registered) wayleaves consents permissions or privileges in respect unregistered interests which override first registration under Schedule 1 of any service pipes wires cables conduits poles stays pylons or other apparatusthe Land Registration Acx 0000; and 6.2.2 (where the Leasehold Property is registered) unregistered interests which override registered dispositions under Schedule 3 of the Land Registration Acx 0000; (c) liability to repair walls fences roadways drains sewers pipes wires cables conduits xxxxx ditches or 6.3 the likematters affecting the Leasehold Property mentioned in Standard Condition 3.1.2; (d) 6.4 all local land charges (charges, whether or not registered before or after the date of this Agreement or not) and all matters capable of registration as local land charges charges, whether or not so actually registered; 6.5 the rights and other matters contained or referred to in the Property Register and Charges Register of the registered title to the Leasehold Property; 6.5.1 All matters which would be disclosed by:- (ea) a property enquiry certificate for the Leasehold Property; (b) a coal search over the Leasehold Property (whether or not in fact made) in each case dated one month before the date of this Agreement. 6.5.2 All matters discoverable by such inspections of the property as a prudent purchaser would make (whether or not in fact made); 6.6 all notices served and orders demands orders, demands, proposals or requirements made by any local or any public or other competent authority or company whether before or after the date of this Agreement; (f) 6.7 all actual or proposed orders directions notices charges restrictions conditions orders, directions, notices, charges, restrictions, conditions, agreements and other matters arising under the Town and Country Planning legislation; (g) ecclesiastical or civil duties and payments charged upon or payable out of the any legislation affecting that Leasehold Property; (h) drainage rates and charges and other outgoings6.8 any matters contained in or referred to in the Occupational Leases; (i) incidents 6.9 the rent reserved by and the covenants on the part of tenure the lessee/tenant and the conditions contained in and the other provisions of the Leases; 6.10 all rights of way (whether public or private) light and air and support drainage and other rights easements quasi-easements liabilities and public or private rights liberties whatsoever and privileges; (j) to any matters which liability to repair or contribute to the Seller does not repair or sewers drains pipes party structures and could not reasonably know about; (k) any matters discoverable by inspection of the Property by the date of this Agreementother like matters; and (l) public requirements. 5.2 The Seller shall not be required to define any of the 6.11 matters disclosed or things referred to in this clause or ascertain the ownership of any walls fences ditches or such other matters and things treated as aforesaid beyond such information (if any) as is afforded disclosed by the documents of titleDisclosure Letter. 5.3 The Buyer is deemed to have full knowledge of the matters referred to in this clause and will raise no enquiry, requisition, objection or claim in respect of them.

Matters Affecting the Property. 5.1 The Property is sold free from incumbrances other than:- (a) any matters other than financial charges disclosed or which would have been disclosed by the searches and enquiries which a prudent purchaser would have made before entering into this Agreement; (b) wayleaves consents permissions or privileges in respect of any service pipes wires cables conduits poles stays pylons or other apparatus; (c) liability to repair walls fences roadways drains sewers pipes wires cables conduits xxxxx ditches or the like; (d) local land charges (whether registered before or after the date of this Agreement or not) and matters capable of registration as local land charges whether or not so registered; (e) notices served and orders demands proposals or requirements made by any local or other authority or company whether before or after the date of this Agreement; (f) actual or proposed orders directions notices charges restrictions conditions agreements and other matters arising under the Town and Country Planning legislation; (g) ecclesiastical or civil duties and payments charged upon or payable out of the Property; (h) drainage rates and charges and other outgoings; (i) incidents of tenure rights of way (whether public or private) light air and drainage and other easements quasi-easements rights liberties and privileges; (j) any matters which the Seller does not and could not reasonably know about; (k) any matters discoverable by inspection of the Property by the date of this Agreement; and (l) public requirements. 5.2 The Seller shall not be required to define any of the matters or things referred to in this clause or ascertain the ownership of any walls fences ditches or such other matters and things as aforesaid beyond such information (if any) as is afforded by the documents of title. 5.3 The Buyer is deemed to have full knowledge of the matters referred to in this clause and will raise no enquiry, requisition, objection or claim in respect of them.

Matters Affecting the Property. 5.1 16.1. The Seller will grant the Lease to the Buyer and the Property is sold free from incumbrances other than:-subject to (and where applicable with the benefit of): 16.1.1. All matters contained or referred to in the Register Entries (aexcept financial charges) of Title Number LAN140825 as at the 13th September 2013 16.1.2. all matters contained or referred to in the Seller’s Lease and in the Lease 16.1.3. any matters discoverable by inspection of the Property before the date of this Agreement 16.1.4. any matters which the Seller does not and could not reasonably know about and without any liability on the Seller to define the same 16.1.5. any matters, other than financial charges charges, disclosed or which would have been disclosed by the searches and enquiries which that a prudent purchaser Buyer would have made before entering into this Agreement; 16.1.6. any matters which were by section 70(1) of the Land Registration Act 1925 declared to be overriding interests any matters which are unregistered interests which override first registration under Schedule 1 to the Land Registration Act 2002 and unregistered interests which override registered dispositions under Schedule 3 to the Land Registration Act 2002 (bas amended by Schedule 12) wayleaves consents permissions or privileges in respect without any obligation on the Seller to define the same 16.1.7. all local land charges 16.1.8. all notices served orders made demands proposals and requirements of any service pipes wires cables conduits poles stays pylons local public or other apparatus; (c) liability to repair walls fences roadways drains sewers pipes wires cables conduits xxxxx ditches or the like; (d) local land charges (whether registered before or after the date of this Agreement or not) and matters capable of registration as local land charges whether or not so registered; (e) notices served and orders demands proposals or requirements made by any local or other competent authority or company whether before or after the date of this Agreement; (f) actual or proposed orders 16.1.9. all agreements charges conditions directions notices charges orders proposals restrictions conditions agreements and other matters arising under the Town and Country Planning legislation; (g) ecclesiastical Acts or civil duties and payments charged upon any other legislation whether before or payable out of the Property; (h) drainage rates and charges and other outgoings; (i) incidents of tenure rights of way (whether public or private) light air and drainage and other easements quasi-easements rights liberties and privileges; (j) any matters which the Seller does not and could not reasonably know about; (k) any matters discoverable by inspection of the Property by after the date of this Agreement; and 16.1.10. all matters recorded in any registers which are open to public inspection (lincluding those maintained by HM Land Registry or its Land Charges Department) public requirements. 5.2 The Seller shall not be required to define any whether before or after the date of the matters or things referred to in this clause or ascertain the ownership of any walls fences ditches or such other matters and things as aforesaid beyond such information (if any) as is afforded by the documents of title. 5.3 The Buyer is deemed to have full knowledge of the matters referred to in this clause and will raise no enquiry, requisition, objection or claim in respect of them.Agreement

Matters Affecting the Property. 5.1 16.1. The Seller will grant the Lease to the Buyer and the Property is sold free from incumbrances other than:-subject to (and where applicable with the benefit of): 16.1.1. All matters contained or referred to in the Register Entries (aexcept financial charges) of Title Number LAN140825 as at the 13th September 2013 16.1.2. all matters contained or referred to in the Seller’s Lease and in the Lease 16.1.3. any matters discoverable by inspection of the Property before the date of this Agreement 16.1.4. any matters which the Seller does not and could not reasonably know about and without any liability on the Seller to define the same 16.1.5. any matters, other than financial charges charges, disclosed or which would have been disclosed by the searches and enquiries which that a prudent purchaser Buyer would have made before entering into this Agreement; 16.1.6. any matters which were by section 70(1) of the Land Registration Act 1925 declared to be overriding interests any matters which are unregistered interests which override first registration under Schedule 1 to the Land Registration Act 2002 and unregistered interests which override registered dispositions under Schedule 3 to the Land Registration Act 2002 (bas amended by Schedule 12) wayleaves consents permissions or privileges in respect without any obligation on the Seller to define the same 16.1.7. all local land charges 16.1.8. all notices served orders made demands proposals and requirements of any service pipes wires cables conduits poles stays pylons local public or other apparatus; (c) liability to repair walls fences roadways drains sewers pipes wires cables conduits xxxxx ditches or the like; (d) local land charges (whether registered before or after the date of this Agreement or not) and matters capable of registration as local land charges whether or not so registered; (e) notices served and orders demands proposals or requirements made by any local or other competent authority or company whether before or after the date of this Agreement; (f) actual or proposed orders 16.1.9. all agreements charges conditions directions notices charges orders proposals restrictions conditions agreements and other matters arising under the Town and Country Planning legislation; (g) ecclesiastical Acts or civil duties and payments charged upon any other legislation whether before or payable out of the Property; (h) drainage rates and charges and other outgoings; (i) incidents of tenure rights of way (whether public or private) light air and drainage and other easements quasi-easements rights liberties and privileges; (j) any matters which the Seller does not and could not reasonably know about; (k) any matters discoverable by inspection of the Property by after the date of this Agreement; and 16.1.10. all matters recorded in any registers which are open to public inspection (lincluding those maintained by HM Land Registry or its Land Charges Department) public requirements.whether before or after the date of this Agreement 5.2 The Seller shall not be required to define any of the matters or things referred to in this clause or ascertain the ownership of any walls fences ditches or such other matters and things as aforesaid beyond such information (if any) as is afforded by the documents of title. 5.3 16.2. The Buyer is deemed to have full knowledge of the matters referred to in this clause and will not raise no enquiry, requisition, any enquiry objection requisition or claim in respect of any of them. 16.3. For the purposes of Section 6(2) of the Law of Property (Miscellaneous Provisions) Xxx 0000 all the matters set out above and/or which are evident or ascertainable from the documents of title to the Property shall be considered within the actual knowledge of the Buyer and Section 6(3) of that Act shall not apply

Matters Affecting the Property. 5.1 10.1 The Property is sold free from incumbrances other than:-subject to: (a) 10.1.1 any matters contained or referred to in the entries or records made in registers maintained by HM Land Registry as at 21 January 2013 15:00:38 under title number IW44925 other than financial charges the Charge referred to in entry numbers 3 and 4 of the Charges Register relating to the title to the Property; 10.1.2 any matters discoverable by inspection of the Property before the date of this Contract; 10.1.3 any matters which the Seller does not and could not reasonably know about even if discovered before completion; 10.1.4 any matters, other than the Charge, disclosed or which would have been disclosed by the searches and enquiries which a prudent purchaser buyer would have made before entering into this AgreementContract; (b) wayleaves consents permissions or privileges in respect 10.1.5 any rights of any service pipes wires cables conduits poles stays pylons way, drainage, watercourses, light or other apparatus; (c) easements, or quasi or reputed easements and rights of adjoining landowners or occupiers affecting the Property and any liability to repair walls or covenants to repair roads, pavements, paths, ways, passages, sewers, drains, gutters, fences roadways drains sewers pipes wires cables conduits xxxxx ditches and other like matters, without obligation to the Seller to provide evidence of the creation of, or to define or apportion, the likeliability; 10.1.6 public requirements; 10.1.7 any matters which are, or (dwhere the Property is not registered would be) unregistered interests which override first registration under Schedule 1 to the Land Registration Act 2002 and or unregistered interests which override registered dispositions under Schedule 3 to the Land Registration Axx 0000; 10.1.8 all local land charges (whether registered or not before or after the date of this Agreement or not) Contract and all matters capable of registration as local land charges whether or not actually so registered; (e) 10.1.9 all notices served and orders demands proposals or requirements made by any local public or other competent authority or company whether before or after the date of this AgreementContract; (f) 10.1.10 all actual or proposed charges notices orders directions notices charges restrictions agreements conditions agreements and contraventions or other matters arising under the Town and Country Planning legislation; (g) ecclesiastical or civil duties and payments charged upon or payable out of the Property; (h) drainage rates and charges and other outgoings; (i) incidents of tenure rights of way (whether public or private) light air and drainage and other easements quasi-easements rights liberties and privileges; (j) any matters which the Seller does not and could not reasonably know about; (k) any matters discoverable by inspection of the Property by the date of this Agreementstatute; and (l) public requirements. 5.2 The Seller shall not be required to define any of the matters or things referred to in this clause or ascertain the ownership of any walls fences ditches or such other matters and things as aforesaid beyond such information (if any) as is afforded by the documents of title. 5.3 The Buyer is deemed to have full knowledge of the matters referred to in this clause and will raise no enquiry, requisition, objection or claim in respect of them.

Matters Affecting the Property. 5.1 7.1 Standard Conditions 3.1.1, 3.1.2, 3.1.3 and 3.3 shall not apply. 7.2 The Property is sold free from incumbrances other than:-than those referred to in clause 7.3. 7.3 The Property is sold subject to and (where applicable and where the Seller can lawfully grant the same) with the benefit of: (a) the entries in the property register and in the charges register of the Registered Title as set out in the Official Copies; (b) the Deeds; (c) the Occupational Lease; (d) any matters discoverable by inspection of the Property before the date of this agreement; (e) any matters that the Seller does not know about; (f) any matters other than financial monetary charges disclosed or which would have been disclosed by the searches and enquiries which a prudent purchaser buyer would have made before entering into this Agreementagreement; (bg) wayleaves consents permissions or privileges in respect of any service pipes wires cables conduits poles stays pylons or other apparatus; (c) liability to repair walls fences roadways drains sewers pipes wires cables conduits xxxxx ditches or the like; (d) all local land charges Land Charges (whether registered before or after not at the date of this Agreement or notagreement) and all matters capable of registration as local land charges whether or not so registeredLand Charges; (eh) all notices served and orders demands proposals and requirements served or requirements made by any local or other public authority or company (whether before or after the date of this Agreement; (f) actual or proposed orders directions notices charges restrictions conditions agreements and other matters arising under the Town and Country Planning legislation; (g) ecclesiastical or civil duties and payments charged upon or payable out of the Property; (h) drainage rates and charges and other outgoingsagreement); (i) incidents all notices demands proposals and requirements served or made under the Town & Country Planning Xxx 0000 the Planning (Listed Buildings and Conservation Areas) Xxx 0000 the Planning (Consequential Provisions) Xxx 0000 the Planning Compensation Xxx 0000 and any subsequent legislation of tenure rights of way (whether public a similar nature or private) light air and drainage and other easements quasi-easements rights liberties and privilegesany highways legislation; (j) all matters referred to in Schedule 3 Land Registration Act 2002 and any matters which the Seller does not were overriding interests as defined in section 70(1) Land Registration Act 1925 and could not reasonably know aboutwhich continue in effect under Schedule 12 Land Registration Xxx 0000; (k) all rights of way water light air and other rights easements quasi-easements liabilities and public rights whatsoever and any matters discoverable by inspection liability to repair or to contribute towards the cost of repair of roads passages sewers drains fences or other items. Provided that the Seller has disclosed everything of the Property by nature referred to in clauses 8.3 (f) — (k) above of which the date Seller is actually aware. 7.4 The Official Copies and copies of this Agreementthe Deeds and the Occupational Lease have been produced to the Buyer and the Buyer purchases with full knowledge of them and shall not raise any requisition on or objection to them. 7.5 This clause 7.5 applies where: (a) A financial charge is required to be discharged on or before completion; and (lb) public requirementsThe discharge is to be made in Land Registry Form DS1 or DS3. 5.2 7.6 The Seller shall not be required is to define any provide to the Buyer’s Solicitor with the duly executed Form DS1 or DS3 upon receipt of the matters or things referred to in this clause or ascertain same from the ownership chargee’s solicitor together with: (a) the name address and reference of any walls fences ditches or such other matters and things as aforesaid beyond such information the conveyancer (if any) acting for the charge in relation to the discharge; or (b) an application to cancel the entries relating to the charge in Land Registry Form DS2 or AP1 as is afforded appropriate duly completed by the documents of title. 5.3 The Buyer is deemed Seller’s Solicitors To enable the Buyer’s Solicitor to have full knowledge register the discharge of the matters referred to in this clause and will raise no enquiry, requisition, objection or claim in respect of themchare at the Land Registry.

Matters Affecting the Property. 5.1 9.1. The Property is sold free from incumbrances subject to and where appropriate together with the benefit of all rights easements covenants agreements conditions exceptions reservations stipulations rights and all other than:-deeds documents and matters contained mentioned or referred to in the Document(s) (if any) insofar as they still subsist and are capable of being enforced and relate to the Property whether or not the Buyer has inspected them (a) any matters other than financial charges disclosed or which would have been disclosed by 9.2. The Property is sold subject to the searches and enquiries which a prudent purchaser would have made before entering into this Agreement;following: (b) wayleaves consents permissions or privileges in respect of any service pipes wires cables conduits poles stays pylons or other apparatus; (c) liability to repair walls fences roadways drains sewers pipes wires cables conduits xxxxx ditches or the like; (d) 9.2.1. all local land charges (whether registered before or after not at the date of this Agreement or not) the auction and all matters capable of registration as local land charges whether or not actually so registered; (e) 9.2.2. all notices served and orders demands proposals or requirements made by any local public or other competent authority or company whether before or after the date of this Agreementthe auction; (f) 9.2.3. all actual or proposed charges notices orders directions notices charges restrictions agreements conditions agreements and contravention or other matters arising under any enactment relating to the Town and Country Planning legislationActs; (g) ecclesiastical 9.2.4. all easements quasi easements rights exceptions or civil duties other similar matters whether or not apparent on inspection or disclosed in any of the documents referred to in this Agreement; 9.2.5. all charges drainage rates and payments other outgoings as may now affect or be charged upon or payable out on the Property; 9.2.6. any matters disclosed in all contract documentation provided in respect of the sale of the Property; (h) drainage rates and charges and other outgoings; (i) incidents of tenure rights of way (whether public or private) light air and drainage and other easements quasi-easements rights liberties and privileges; (j) any matters which the Seller does not and could not reasonably know about; (k) 9.2.7. any matters discoverable by inspection of the Property by before the date of this Agreement; and (l) public requirements.9.2.8. any matters which are unregistered interests which override first registration under Schedule 1 to the Land Registration Act 2002 or unregistered interests which override registered dispositions under Schedule 3 to that Act 5.2 9.3. The Seller Buyer shall not take the Property subject to and shall be required responsible for complying with all lawful notices and or lawful requirements relating to define any the Property and made by a competent authority person or body and whether served or intimated before or after the date of the matters auction 9.4. Notwithstanding anything contained or things referred to in this clause these Special Conditions of Sale or ascertain in the ownership Particulars no representation warranty or condition (collateral or otherwise) is made or implied as to: 9.4.1. the state or condition of the Property or any walls fences ditches part of it; 9.4.2. whether the Property is in an area where redevelopment is proposed or is subject to a road widening proposal or scheme or any similar matter affecting its use and occupation; 9.4.3. whether the Property is subject to any resolutions schemes developments orders improvement plans improvement notices or scheme sanitary notices or intimation notices or proposals under the Housing Act 1985 9.5. The Buyer shall be deemed to purchase the Property in all respects subject to such other matters and things as aforesaid beyond such information (if any) as is afforded by the documents of title. 5.3 The Buyer is deemed to have full knowledge of the matters referred to in this clause conditions 9.2 and will 9.3 as affect it (whether or not he made any enquiry regarding these matters or any of them and neither the Seller nor the Auctioneers shall be required or bound to inform the Buyer of any of those matters (whether known to them or either of them or not)) and the Buyer shall not raise no enquiry, requisition, any requisition or make any objection or claim in respect of them.any of those matters and neither the Seller nor the Auctioneer shall in any way be liable to the Buyer in respect of any of those matters or any failure to disclose any of those matters (it being solely the duty of the Buyer to satisfy himself at his own risk in respect of all of those matters)

Matters Affecting the Property. 5.1 3.1 The Property is sold free from incumbrances other than:-and the Lease is granted subject to the following matters so far as they are still subsisting and capable of taking effect on the Closing Date: (a) any matters other than financial charges disclosed contained or which would have been disclosed by referred to in the searches and enquiries which a prudent purchaser would have made before entering into this AgreementProperty Register or the Charges Register of the registered title to the Property kept at HM Land Registry as at 11:36am on 10 May 2006 and/or the Documents (as the case may be); (b) wayleaves consents permissions all rights of way, light and air, support, drainage and other rights, easements, quasi easements, liabilities and public or privileges in respect private rights whatsoever and to any liability to repair or contribute to the repair of any service pipes wires cables conduits poles stays pylons or sewers, drains, pipes, party structures and other apparatuslike matters; (c) liability to repair walls fences roadways drains sewers pipes wires cables conduits xxxxx ditches all matters in the nature of overriding interests as set out in Schedule 1 or Schedule 3 (as appropriate) and sections 11(4)(c) and 90 of the likeLand Registration Act 2002 (as amended by Schedule 12 of the Land Registration Axx 0000 and the Land Registration (Transitional Provisions) (No. 2) Order 2003); (d) local land charges all Local Land Charges (whether or not registered before or after the date of this Agreement or notAgreement) and all matters capable of registration as local land charges Local Land Charges (whether or not so actually registered); (e) all notices served and orders demands proposals orders, demands, proposals, or requirements made by any local or other authority public or company whether before or after the date of this Agreementcompetent authority; (f) all actual or proposed orders directions notices charges restrictions conditions orders, directions, plans, notices, instruments, charges, restrictions, conditions, agreements and or other matters arising under any statute relating to town and country planning and any laws and regulations intended to control or regulate the Town and Country Planning legislation;construction, demolition, alteration or change of use of land or buildings or to preserve or protect the environment; and (g) ecclesiastical matters contained in the Disclosure Documents. 3.2 The Purchaser shall be deemed to purchase or civil duties accept a transfer with full knowledge and payments charged upon or payable out notice of the Property;matters aforesaid and shall not raise any objection or requisition whatsoever in respect of the same. 3.3 Standard Condition 3.1 shall apply with the following modifications: (ha) drainage rates and charges and other outgoings; (iin paragraph 3.1.2(c) incidents of tenure rights of way (whether public or private) light air and drainage and other easements quasi-easements rights liberties and privileges; (j) any matters which delete the Seller does not words “and could not reasonably know aboutreasonably”; (k) any matters discoverable by inspection of the Property by the date of this Agreement; and (l) public requirements. 5.2 The Seller shall not be required to define any of the matters or things referred to in this clause or ascertain the ownership of any walls fences ditches or such other matters and things as aforesaid beyond such information (if any) as is afforded by the documents of title. 5.3 The Buyer is deemed to have full knowledge of the matters referred to in this clause and will raise no enquiry, requisition, objection or claim in respect of them.