Rights granted to the purchaser - Exceptions & Reservations -Second schedule

FERNWOOD ESTATES of 1260 London Road, Norbury, London 5W16 (hereinafter called "the Vendor") as BENEFICIAL OWNER HEREBY TRANSFERS toMr & Mrs Buyer (hereinafter called "the Purchaser" which expression shall where the context so admits include his successors in title to the land hereby transferred) the lands shown and edged with red [and blue] on the plan annexed hereto (such plan being hereinafter called "the plan") such land being together known as No. XX [and Garage No.XX ] aforesaid (and being hereinafter called "the premises") and being part of the land comprised in the Title Number above referred to TOGETHER WITH the rights set Out in Part 1 of the First Schedule hereto EXCEPTING AND RESERVING unto the Vendor for the benefit of the Vendor and its successors in title the owner or owners for the time being of any part of "the Estate" as hereinafter defined the rights set out in Part 2 of the same Schedule

2. IT is hereby agreed and declared that the internal vertical division walls of the house erected upon any land edged red and the vertical division walls of the premises hereby transferred adjoining any neighbouring properties on the Estate shall be deemed to be party walls and repairable as such.

3. THE Vendor is the Registered Proprietor with Absolute Freehold Title of certain lands at Brookscroft Estate Addington in the London Borough of Croydon (hereinafter called "the Estate") shown on the plan annexed hereto (hereinafter called "the Plan") and thereon edged with a firm black line.

4. IT being the intention that the expenses of maintaining and administering the amenity lands (as hereinafter defined) and the expenses incurred or to be incurred by Brookscroft Management Limited (hereinafter called "the Manager") shall be divided according to the number of dwellings erected on the Estate the Purchaser HEREBY COVENANTS with the Manager that he will from time to time on demand pay to the Manager or as it shall direct an equal share per dwelling with all other owners of a dwelling on the Estate of the cost and expenses incurred or to be incurred (estimated or otherwise) of and incidental to:-

(a) the Management and administration of the Manager (excluding any Directors' fees)
(b) managing insuring maintaining upholding cleansing repairing and renewing:

(i)all those lands which the Vendor shall by notice in writing given from time to time within seven years of the date hereof declare to be lands for the communal enjoyment of purchasers of properties on the Estate such lands being provisionally shown shaded on the plan (such lands being hereinafter called "the amenity lands")
(ii)the water standpipes (if any) serving the garage forecourt areas on the plan (c) performing and observing all obligations entered into by it in the terms of Clause 9 hereof
(d) the performance and observance of all obligations entered into by it for the benefit of the residents on the Estate
(e) creating such reserves as to the Manager may seem prudent and
(f) such other expenses as the Manager may incur in the exercise of any of its objectives as set out in the Memorandum of Association of the Manager PROVIDED ALWAYS that the Purchaser shall be relieved of his obligations under this clause when a transferee from him shall have entered into a similar covenant with the Manager and notice thereof in writing has been given to the Manager but without prejudice to any antecedent liability of the Purchaser to the Manager

5. AT the end of each year all such costs expenses and reserves actually incurred shall be determined and certified by the Auditors of the Manager (such certificates of the Auditors shall be final and binding upon the Manager and the transferee as to the matters stated therein) and the Manager shall in estimating the service charge to be levied for the following year (by increase or reduction as shall be appropriate adjust its estimate to take account of any surplus or deficiency found by the Auditors which has arisen in the preceding year

6. PRIOR to the date hereof the Vendor laid out the Estate under a scheme of development providing for the transfer of plots and has caused a plan (of which the plan is a copy) to be prepared showing the Estate divided into numbered lots for such purposes and has caused to be prepared a common form of Transfer containing divers stipulations to be observed by the owner for the time being of each of those lots

7. AND IT IS HEREBY EXPRESSLY DECLARED by the Vendor and by the Purchaser that it is their intention and the Purchaser purchases upon the express understanding that each transferee of a lot on the Estate is to have the benefit of the restrictions conditions and stipulations binding on all other lots forming part of the Estate whether such lots are sold to the respective transferees before or after the date of the Lease or Transfer by the Vendor to each such lessee or transferee

8. THE Purchaser hereby covenants with the Vendor and all other persons claiming under it as purchasers of any part of the land comprised in the title above mentioned and with the object and intent of binding the land hereby transferred into whosesoever hands the same may come and for the benefit of the land comprised in the title above mentioned other than the premises that he the Purchaser and his successors in title the owners and occupiers for the time being of the premises (and who are included in the expression "the Purchaser") will at all times hereafter observe and perform the restrictions conditions and stipulations set out in the Second Schedule hereto

9. IN CONSIDERATION of the covenant on the part of the Purchaser hereinbefore contained the Manager hereby covenants with the Purchaser:-

(i) that it will maintain the garden grounds forming part of the amenity lands in accordance with a scheme of landscaping with lawns flower beds shrubs and trees(ii) that it will maintain properly supported repaired and cleansed :-
(a) the roads and footpaths on the amenity
- lands and keep the same properly lit insofar as such roads and footpaths are not maintainable at public expense
(b) all hard landscaped areas and private car parking spaces on the Estate
(c) the sewers and drains under the amenity lands and serving the premises insofar as the same are not maintainable at the public or other expense and
(d) the gardener's store and compounds (if any)

(iii) that it will pay the water rate and all other charges payable in connection with the water standpipes (if any) in the garage forecourts and maintain the same

(iv) that it will pay all charges incurred in connection with all lighting apparatus from time to time installed on the amenity lands

(v) that it will make and enforce such regulations (if any) as it may in its absolute discretion consider necessary or desirable to enable all residents on the Estate to enjoy the amenity lands (vi) that it will within fourteen days of the production to it of a transfer containing a covenant by the transferee in the terms of Clause 4 at the cost of the transferee give a certificate in accordance with clause 10 hereof and if required enter into a fresh covenant with such transferee in the terms of this clause

10. AND we the Vendor and the Purchaser hereby apply to the Chief Land Registrar:-
(i) to enter notice of the said covenants restrictions stipulations exceptions and reservations on the Register of Title of the land hereby transferred
(ii) to enter the following restrictionsagainst the title of the land hereby transferred:-
"Except under an Order of the Registrar no Transfer or Assent by the proprietor of the land or his personal representative is to be registered unless a certificate signed by the Secretary the Solicitor or Director of Brookscroft Management Limited has been furnished that such Transfer or Assent does not contravene any of the provisions of this present Transfer"

11. IT IS HEREBY CERTIFIED that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds £xxxx

THE FIRST SCHEDULE above referred to

(Part 1)

Rights granted to the Purchaser

Subject to payment by the Purchaser of the payments under clause 4 of this transfer:-

1. The right of way in common with all others entitled to the like right to and from the premises
(a) with or without vehicles over the Estate roads shown on the plan (and over the garage accessways leading to the garage shown edged blue on the plan) and
(b) on foot only over and along the footpaths and steps now or hereafter to be laid out on the Estate

2. The right to the running of water soil electricity and gas through the sewers drains pipes wires cables and conduits now laid or to be laid in the adjoining or neighbouring properties on the Estate within eighty years from the date hereof (which said period shall be the perpetuity period applicable the Transfer and is hereinafter called "the specified period")

3. The right to enter the adjoining or neighbouring properties on the Estate with or without workmen at any reasonable time for the purposes of inspecting and repairing the said sewers drains pipes wires cables and conduits and the premises

4. The right to draw water from any standpipe (if any) affixed to the garage or any neighbouring garage on the garage forecourt adjoining the premises

5. The right; to use for purposes of recreation the amenity lands (so far as the same are capable of being put to such use) on the Estate but subject to all regulations from time to time made by the Manager. The right to support as at present enjoyed from the structure of other buildings and load bearing beams adjoining or supporting the premises or any part thereof

6. The right to retain the gutters sewers spouts downpipes and similar structures (if any) hereinafter referred to as "projections" incidental to the use of the premises which overhang or protrude above any adjoining land comprised in the Estate

(Part 2)

Exceptions and Reservations to the Vendor and its Successors in Title

1. The right to the running of water soil electricity and gas through the sewers drains pipes wires and cables and conduits now laid or to be laid in the premises within the specified period
2. The right to enter the premises with or without vehicles for the purpose of inspecting and repairing any sewers drains pipes wires cables and conduits and for inspecting the adjoining or neighbouring properties
3. The right to affix to the garage erected on the land edged blue on the plan a water standpipe
4. The right of support as at present enjoyed by the adjoining properties from the premises or any part thereof
5. The right to lay any sewers drains pipes wires cables and conduits under the premises and to connect to any existing services within the specified period
6. The right to retain the projections (if any) which now overhang or protrude above the premises belonging to any adjoining owners

THE SECOND SCHEDULE above referred to

1. Unless the consent in writing of the Manager shall first be obtained:-

(i) the exterior appearance of the buildings walls fences and other erections now on the premises shall not hereafter be altered
(ii) no additional buildings walls fences or other erections shall hereafter be constructed or maintained on the premises
(iii) no building on the premises shall be used for any purpose save that of a private residence for a single household and the garage for the garaging of a private motor vehicle

Provided that as a condition for the giving of any such consent the Manager may require payment of the reasonable fees of its Solicitors and Surveyors in connection therewith

2. No television or other aerial other than communal systems shall be erected or kept on the Outside of the premises except for the Plots shown on the Plan and numbered H86 - H96 inclusive

3. The standpipe (if any) attached to the garage erected on the land edged blue on the plan shall not be damaged or removed

4. The rights mentioned in paragraph 5 Part 1 of the First Schedule hereto shall not be exercised at any time when the Purchaser is:-
(i) in default in paying the contributions made requisite by clause 4 of this Transfer or

(ii) in breach of the regulations for the time being made by the Manager referred to in the said paragraph (v) of the clause 9 herein.

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