Property Purchase - Title Report

[IAmMyBelovedsAndMBeloveIsMine]

Hello All,
I am currently in the middle of a house purchase and my solicitor has sent me the Title Report to review. In the report it states :

Vendor's Right to Modify Development Plans:
The Vendor (the seller) retains the right to alter or modify the development plan
for the entire estate (the area of land being sold) at any time, even after the sale of the land. This allows the Vendor to change the layout or plans for other plots in the estate, which may impact the Purchaser’s land.
The Vendor may also choose to modify or waive the stipulations for any unsold
plots or upon request from current owners of other plots. This flexibility helps the
Vendor manage the development process and adapt to changing circumstances

I am quite confused by this text. Why would the current vendor retain any rights following the sale? I am rather concerned by this or perhaps I am misunderstanding?

If anyone has seen this before I'd be very grateful if you could clarify.

Thank you.

Are you buying a plot on a new build development?

@madamweb No, just an old house with a rear garden

I'd query with your lawyer. I am wondering whether it's something they have left in the report by accident then .

It looks like a provision you would see when plots on a new build estate are being sold off.

Unless the vendor also owns adjacent land?

Either way, I think it's one to query with your lawyer

Presumably your house is on a (now complete) estate of houses in which case the vendors covenant no longer applies.
If it is not an estate then it is either an error or the wrong title deed.

If that's the case though it's mine boggling the lawyer didn't add something explaining why they don't need to worry about it.

I can't imagine doing a RoT and not explaining the title to the client. But then I am am commercial property lawyer not a resi one, and it's a long time since we bought our house so I can't recall how much detail we were given

Strange it seems the wrong paperwork, but just check there isn't an uplift on the garden plot?

@Redrosesposies it's a standard semi-detached among a row of houses mostly all constructed circa 1930-1949. In the case where a clause doesn't apply why would it even feature in the report at all ?

Agreed. I'd ask your lawyer. It's either an error to have included it or they should have explained that it isn't relevant any more.

@creamsnugjumper @madamweb @Redrosesposies thank you all for your responses. I have sent an inquiry to my solicitor requesting clarification.

Also, one more question please. The boiler in the property was installed in 2005 and when I initially inquired when it was last serviced the seller said they didn't know but maintained it was in good working condition. As 2005 is quite a while ago I didn't find this answer satisfactory and requested for some evidence of the current condition of tbe boiler. The seller then advised that they believe the boiler was last serviced about 4 years ago but couldn't present any certificates to support this. As I understand it, boilers require annual servicing hence I am a bit uncomfortable proceeding purely on the basis of the sellers word hence have asked my solicitor to request a service to be carried out so we can have a current gas certificate confirming everything is in good working condition. Would you do the same or am I being painful?

A 20 year old boiler.

Surely any gas certificate would only prove that the boiler was in (good) working condition that day ? it would not be a guarantee that it will be in good working condition the next day.

What type of gas certificate do you think you are requesting ?
or are you wanting a receipt saying a service has been carried out.

p.s. google quickly tells me a boiler lasts 10-15 years on average.
'A boiler in the UK typically lasts 10–15 years, but this depends on the type of boiler and how well it's maintained. A well-maintained boiler can last longer than 20 years.'

thus if the boiler was last serviced 4 years ago, can anyone claim it has been maintained properly.

I would budget for a new boiler, in the near future.

Yeah just budget for a new boiler.

The title report sounds like they've cut and paste the wrong block of text, those reports are always a cut and paste job.

It is not a requirement for a home owner to service their boiler every year @IAmMyBelovedsAndMBeloveIsMine

However, it is a requirement for a landlord to do so and I think there is a bit of confusion arising from this.

The current owners were fine not to service their boiler for 4 years or so though many people these days do get them serviced every year or couple of years. I think that is entirely reasonable for you to say you want them to get it serviced now and provide you with a gas certificate.

We sold my in laws house with a very old boiler, it was working and we did get it serviced and had a certificate, although for probate sales we didn’t have to. I think it would have been one of the first jobs to do for the buyers in getting a new boiler. I think you know if something is old, it’s not going to last for very much longer.

On a totally different note when people put the house on the market why does it always come as a shock they are going to be asked for certificates for boilers etc.

In some respects those sellers packs were a great idea just badly organised and deployed.

We live in a renovation project and the boiler here is so so old but still chugging away, some older ones do last, in fact longer than new ones.

It might not be a requirement but it's good practice. And the warranty on our boiler is only valid or we get a service once a year

I agree @madamweb & we aim to get ours serviced every 1-2 years but I was just saying it’s not a requirement as @IAmMyBelovedsAndMBeloveIsMine seemed to think (apart from in a rental property).

There is no obligation to service boiler annually unless rented out and you don't get a certificate. You could request a service by gas safe engineer but a 20 yo boiler is likely near end of its lifespan and less efficient than new.