disk12/wc.001
DATED
200
_______________________________________________
THE CHURCH COMMISSIONERS FOR ENGLAND
- and -
_______________________________________________
Draft/
DEED OF VARIATION
in respect of the former Church of
_______________________________________________
Ref:
The Legal Office
Church House
Great Smith Street
London SW1P 3NZ
(Closed Church – Deed of Variation)
030403
H M LAND REGISTRY
(Land Registration Act 2002)
DEED OF VARIATION
ADMINISTRATIVE AREA:
TITLE NUMBER:
PROPERTY:
FORMER CHURCH OF
THIS DEED is made the
and
(1)
day of
Two thousand
BETWEEN
THE CHURCH COMMISSIONERS FOR ENGLAND (“the Commissioners”)
and
(2)
(“the Owner”)
WHEREAS
(1)
By a Conveyance/Transfer dated the
thousand nine hundred and
day of
One
and made between the Commissioners and
(“the Assurance”) the Commissioners conveyed/transferred to
in fee
simple the property known as the former Church of
(hereinafter called “the Property”) subject as therein mentioned
(2)
The Assurance contains at clause 2(a) a covenant restricting the use of the
Property to
and for ancillary purposes and
at clause 2( ) a covenant prohibiting the demolition of/alterations to any building on
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the Property
(3)
By the Assurance the property was transferred to the Owner
OR
(3)
The Owner is the Registered Proprietor of the Property at the Land Registry
with the above title number
(4)
The Owner has requested the Commissioners and the Commissioners have
agreed to modify/release the said covenant/s in manner hereinafter appearing
NOW THIS DEED WITNESSETH as follows:Release
1.
IN pursuance of the said agreement and in consideration of [the sum of £
paid by the Owner to the Commissioners (the receipt of which the Commissioners
hereby acknowledge)] [and of] the covenant by the Owner in Clause 2 hereof the
Commissioners hereby consent to the use of the Property as
([in addition to] [in substitution for] the already permitted use) and to certain
alterations to the Property by the Owner and to this end they release the Owner and
his/its successors in title to the Property and the Property and each and every part
thereof from the covenant[s] contained in Clause[s] 2(a) [and 2( )] of the Assurance
upon condition that the Owner at all times hereafter observes and performs the
covenant given at Clause 2 hereof
New covenant
2.
THE Owner (pursuant to Section 75 of the Mission and Pastoral Measure
2011) for himself and his successors and with intent that the burden of the covenant
will run with and bind the Property and every part thereof hereby covenants with the
Commissioners and their successors or assigns that the Owner will at all times
hereafter observe and perform the restrictions and stipulations as the same are set out
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in full in the Schedule and will indemnify the Commissioners against any actions
proceedings costs claims or demands by or on the part or parts of any person or
persons whomsoever on account or in respect of this Deed
Declaration
3.
IT is hereby mutually agreed and declared that:
(a) except for this present modification and/or release in all other respects the
covenants contained in the Assurance shall remain in full force and effect and
(b) save as expressly provided herein, none of the provisions of this Deed is intended
to or will operate to confer any benefit pursuant to the Contracts (Rights of Third
Parties) Act 1999 on a person who is not named as a party to this Deed
Application to Land Registry
4.
THE Commissioners and the Owner agree that a reference to this Deed shall
be entered into the Charges Register of Title Number
and apply to the
Chief Land Registrar to note the same on the register of the said Title accordingly
Certificate of Value
5.
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 [£60,000]
[£250,000]
I N W I T N E S S whereof the Commissioners [and the Owner] have caused their
[respective] Common Seal/s to be hereunto affixed [and the Owner has hereunto set
his hand and seal] the day and year first above written
THE SCHEDULE above referred to:
(New covenants)
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EXECUTED AS A DEED by the affixing
of the Common Seal of the Church
Commissioners in the presence of:-
)
)
)
Authenticating Officer
SIGNED as a Deed by the said
in the presence of :-
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)
)
)