Q&As

A transfer sold land out of a title with the benefit of parking rights. There was a third party to the transfer, a management company. The rights are expressed to be granted by the transferor to the transferee and the transferee owes no obligations to the management company in respect of those rights. Can those rights be varied by deed between the transferor and transferee without joining the third party to the deed or do they need to be a party as they were a party to the original transfer which is being varied?

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Published on LexisPSL on 02/03/2021

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A transfer sold land out of a title with the benefit of parking rights. There was a third party to the transfer, a management company. The rights are expressed to be granted by the transferor to the transferee and the transferee owes no obligations to the management company in respect of those rights. Can those rights be varied by deed between the transferor and transferee without joining the third party to the deed or do they need to be a party as they were a party to the original transfer which is being varied?

A transfer sold land out of a title with the benefit of parking rights. There was a third party to the transfer, a management company. The rights are expressed to be granted by the transferor to the transferee and the transferee owes no obligations to the management company in respect of those rights. Can those rights be varied by deed between the transferor and transferee without joining the third party to the deed or do they need to be a party as they were a party to the original transfer which is being varied?

The transfer appears to be in tolerably common form—a tripartite agreement between vendor or lessor, purchaser or lessee and a management company. In the case of long leases, the developer may wish to have no future involvement in the block once all leases have been granted and so a management company is established to ensure that essential services are provided. A developer of a freehold estate might retain an interest in roads and grassed areas and the like and similarly will establish a management company to attend to their maintenance. Quite often, the leaseholders or purchasers of properties on the estate, as the case may be, will own shares in the maintenance company. There will, however, clearly be three separate entities in each lease or transfer both upon execution and afterwards.

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