Matters Affecting the Property Sample Clauses
The "Matters Affecting the Property" clause defines which existing conditions, rights, or restrictions related to the property are acknowledged and accepted by the parties involved in a transaction. This typically includes easements, covenants, zoning laws, or any other legal encumbrances that may impact the use or value of the property. By clearly listing or referencing these matters, the clause ensures that buyers or lessees are aware of any limitations or obligations tied to the property, thereby reducing the risk of future disputes and ensuring transparency in the transaction.
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Matters Affecting the Property. 18.1 The Landlord shall grant the Lease to the Tenant free from encumbrances other than:
(a) any matters, other than financial charges, contained or referred to in the entries or records made in registers maintained by HM Land Registry as at 25 April 2019 at 11:42:29 under title number 189688;
(b) all matters contained or referred to in the Lease;
(c) any matters discoverable by inspection of the Property before the date of this agreement;
(d) any matters which the Landlord does not and could not reasonably know about;
(e) any matters, other than financial charges, disclosed or which would have been disclosed by the searches and enquiries that a prudent tenant would have made before entering into this agreement;
(f) public requirements;
(g) any matters which are, or (where the Lease will not be registered) would be, unregistered interests which override first registration under Schedule 1 to the Land Registration ▇▇▇ ▇▇▇▇, provided that the Landlord warrants that it has disclosed all such matters of which it is aware.
18.2 The Tenant is deemed to have full knowledge of the matters referred to in clause 18.1 and shall not raise any enquiry, objection, requisition or claim in respect of any of them.
18.3 Conditions 4.1.1, 4.1.2, 4.1.3 and 4.2.1 do not apply to this agreement.
18.4 Condition 7.6.3 is amended so that reference to Condition 4.1.2 is reference to clause 18.1.
Matters Affecting the Property. 8.1. The Seller will assign the residue of the term of years granted by the Lease free from encumbrances other than:
8.1.1. the tenant covenants and all terms and conditions contained or referred to in the Lease
8.1.2. any matters discoverable by inspection of the Property before the date of this contract
8.1.3. any matters which the Seller does not and could not reasonably know about
8.1.4. any matters disclosed or which would have been disclosed by the searches and enquiries which a prudent buyer would have made before entering into this contract;
8.1.5. public requirements
8.1.6. any matters which are, or (where the Lease is not registered) would be unregistered interests which override first registration under Schedule 1 to the Land Registration ▇▇▇ ▇▇▇▇
8.2. Conditions 3.1.1, 3.1.2, 3.1.3 and 3.3 do not apply to this contract
8.3. The Buyer is deemed to have full knowledge of the matters referred to in clause 8.1 and will not raise any enquiry, objection, requisition or claim in respect of any 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 ▇▇▇▇▇ 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. The Seller shall transfer the Property free from incumbrances other than: any matters contained or referred to in the entries or records made in registers maintained by HM Land Registry as at 5th January 2024 at 09:17:10 under title number CU332820; any matters discoverable by inspection of the Property before the date of this contract; any matters which the Seller does not and could not reasonably know about; any matters, other than the financial charges, disclosed or which would have been disclosed by the searches and enquiries which a prudent buyer would have made before entering into this contract; public requirements; any matters which are unregistered interests which override registered dispositions under Schedule 3 to the Land Registration Act 2002 Conditions 4.1.1, 4.1.2 and 4.1.3 do not apply to this contract. The Buyer is deemed to have full knowledge of the matters referred to in 69.1 and will not raise any enquiry, objection, requisition or claim in respect of any of them.
Matters Affecting the Property. 8.1 The Seller will sell the Property free from incumbrances other than:
8.1.1 any matters, other than the Charge, contained or referred to in the entries or records made in registers maintained by HM Land Registry as at 09:00 on 5 December 2017 under title number BT123456;
8.1.2 any matters discoverable by inspection of the Property before the date of this contract;
8.1.3 any matters which the Seller does not and could not reasonably know about;
8.1.4 any matters, other than the Charge, disclosed or which would have been disclosed by the searches and enquiries which a prudent buyer would have made before entering into this contract;
8.1.5 public requirements;
8.1.6 any matters which are unregistered interests which override registered dispositions under Schedule 3 to the Land Registration ▇▇▇ ▇▇▇▇; and
8.1.7 the Occupational Leases and all rights and obligations arising by virtue of any of them.
8.2 The Buyer is deemed to have full knowledge of the matters referred to in clause 8.1 and will not raise any enquiry, objection, requisition or claim in respect of any of them.
Matters Affecting the Property. 9.1 The Seller will sell the Property free from incumbrances other than:
(a) any matters, other than the Charges, contained or referred to in the entries or records made in registers maintained by HM Land Registry as at 11:00:49 on 25 June 2021 under title number WSX254730;
(b) any matters contained or referred to in this contract;
(c) any matters discoverable by inspection of the Property before the date of this contract;
(d) any matters which the Seller does not and could not reasonably know about;
(e) any matters, other than the Charges, disclosed or which would have been disclosed by the searches and enquiries which a prudent buyer would have made before entering into this contract;
(f) public requirements;
(g) any matters which are unregistered interests which override registered dispositions under Schedule 3 to the Land Registration ▇▇▇ ▇▇▇▇;
(h) any matters disclosed in the documents listed in Schedule 1; and
(i) the Lease
9.2 Conditions 4.1.1, 4.1.2 and 4.1.3 and 4.1.4 do not apply to this contract.
9.3 The Seller confirms that it has disclosed in Written Replies to the Buyer all those matters referred to in clause 9.1 that it is aware of.
9.4 Subject to clause 9.3, the Buyer is deemed to have full knowledge of the matters referred to in clause 9.1 and will not raise any enquiry, objection, requisition or claim in respect of any of them.
Matters Affecting the Property. 8.1 The Registered Property and the Unregistered Land is sold subject to, and where applicable, with the benefit of:
8.1.1 the matters (other than the Charges) contained or referred to in the registers maintained by the Land Registry and shown in the official copies of the following title numbers:
(a) CB1793 as at 25 July 2018 timed at 12:15:48;
(b) CB98091 as at 25 July 2018 timed at 14:22:01;
(c) CB2I 9591 as at 25 July 2018 timed at 12:20:28;
(d) CB271349 as at 25 July 2018 timed at 12:19:46;
(e) CB278414 as at 25 July 2018 timed at 14:20:37; and
(f) CB361898 as at 25 July 2018 timed at 14:23:16;
8.1.2 the obligations and rights arising by virtue of the Tenancies;
8.1.3 any matters arising from the Seller’s management of the Property in accordance with clause 18 before Completion as contemplated by this contract;
8.1.4 all matters disclosed in the Electronic Data Rooms before the date of this contract;
8.1.5 all matters discoverable by inspection of the Property before the date of this contract;
8.1.6 all matters relating to the Property which the Seller does not know about;
8.1.7 entries in any public register (whether made before or after the date of this contract) other than in respect of the Charges;
8.1.8 public requirements and any matters arising by virtue of any legislation, regulation or administrative decisions or actions;
8.1.9 any unregistered interests which fall within any of the paragraphs of Schedule 3 of the Land Registration Act 2002 (when read together with paragraphs 7 to 13 of Schedule 12 of that Act);
8.1.10 all matters disclosed or which would be disclosed by searches or as a result of enquiries (formal or informal, and whether made in person or in writing) made by or for the Buyer or which a prudent buyer ought to make; and
8.1.11 any unregistered interests which fall within any of the paragraphs of Schedule 1 of the Land Registration Act 2002 (when read together with paragraphs 7-13 of Schedule 12 of that Act), and any interests which fall within section 11(4)(c) of that Act.
8.2 The Buyer will be deemed to take the Registered Property and the Unregistered Land with full knowledge of the matters subject to which the Registered Property and the Unregistered Land is sold, and shall not make any requisition or claim in respect of any of those matters save (in respect of the Registered Property only) in relation to any matters revealed by a buyer’s usual pre completion searches at the Land Registry and Companies House.
Matters Affecting the Property. The Council will grant the Lease to HTH Limited free from encumbrances other than:
Matters Affecting the Property. 5.1. Title
5.1.1. any reservations or conditions on the title or the original Deed of Grant (if freehold) ; or
5.1.2. the Conditions of the Crown Lease (if leasehold).
Matters Affecting the Property. 10.1 The Seller will sell the Property free from incumbrances other than:
(a) any matters discoverable by inspection of the Property before the date of this contract;
(b) any matters, other than the Charge, disclosed or which would have been disclosed by the searches and enquiries which a prudent Buyer would have made before entering into this contract;
(c) public requirements;
(d) any matters which are unregistered interests which override registered dispositions under Schedule 3 to the Land Registration Act 2002
10.2 The Buyer is deemed to have full knowledge of the matters referred to in clause 10.1 and will not raise any enquiry, objection, requisition or claim in respect of any of them.
