my parents in law own a just about scraping by farm, which at one point in the past had a number of properties included as part of it.
Over the years, to clear debts, they have sold off all the properties and I have had the fun of trawling through the deeds yesterday to work out what charges and restrictions are on the deeds for various matters, such as maintenance of roadways, access for water etc. I have managed to pick through all the individual deed documents, but I have noticed something included in every deed that I cannot quite work out if it means what I think it means.
The clause is as follows
The land has the benefit of the following rights reserved by the transfer.......
(THIS IS THE PARTICULAR RESERVED RIGHT I AM CONFUSED BY)
"all rights of light and air or other rights which would restrict or interfere with the free use of the remainder of the land comprised in title XXXXX(THE FARM) for building and other purposes and all easements or quasi-easements liberties privileges rights and advantages now or hitherfore occupied or enjoyed by the remainder of the land comprised in title number XXXX(THE FARM) over or in respect of the property hereby transferred and which would be implied by Statute or by reason of severance in favour of a purchaser of the remainder of the land comprised in the Transferors title if the same had been transferred to such purchaser and the property hereby transferred had been retained by the Transferror.
Does this mean that
A) they cant build anything which would restrict light/space upon the farm?
B) They cannot do anything that restricts the farm from going about its business - (the free use of the rest of the farm for BUILDING AND OTHER PURPOSES) which we would have been able to do had we retained the properties and not sold them (THE LAST BIT)