Properties for sale at Moorcourt

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Valid Conveyances?

Following the recent rush of property sales at Moorcourt, it may be of interest to consider the validity of their conveyances.

All the properties on the Moorcourt Estate, derive their conveyances word by word from the Prison Commissioners conveyance of 1957. It is usually found as the opening paragraph in the conveyance.

It is also quite common for 'mistakes' to be made when new conveyances are transcribed. At this point it is essential to note the various restrictions such as restrictive covenants, to which every property owner on the estate has equal responsibilities, that is, the benefit and burden of such restrictions, they apply to all of us.

All properties on the estate can only be used in accordance with restrictions as follows:

Dwelling house (in the singular)

Agricultural Purposes

Prison or Borstal.

Other uses such as business use is forbidden.

These restrictive covenants etc were hammered into me by my solicitor when we purchased East Lodge.

These restrictions were embodied in the Prison Commissioners Conveyance purposely by the Bolton family to preserve their heritage.

It is therefore correct to point out that any use which does not match the conditions above such as conversions to multiple residence or non agricultural use would require a Deed of Release (or Variation) to effect changes. It is also correct to say that an application to change or add uses to property at a Land Registry Tribunal is possible.

The latter suggestion would be very costly and time consuming, it may also require all other land owners to be heavily compensated and to agree. It would also open a can of worms to the potential of global changes.

If it is found that conveyances at Moorcourt contain 'mistakes', it could render that/those conveyance/s invalid.

There are other requirements to bring about change of use such as Local Authority Planning Approval, this does not impact in any way the above restrictions. It is separate in every way and does not over ride the restrictions.

This is my understanding of the situation and may require verification therefore I would suggest that anyone who may be caught up in this situation to take independent legal advice.