Title Summary
for
The Homes and Communities Agency
relating to
Land on the north side of Trevenson Road,
Pool, Redruth, Cornwall
CONTENTS
Topic
Page
Introduction
1
A
Registered title CL289638
1
B
Registered title CL231992
7
C
Registered title CL281969
9
D
Registered title CL215743
10
E
Planning
13
Summary of ownership of the Homes and Communities Agency
to
Land at Trevenson Road, Pool, Redruth, Cornwall
This summary has been prepared by Ashfords LLP on behalf of the Homes and
Communities Agency to assist prospective developers in understanding the legal title for the
site. It should not be relied on as an exhaustive report on the legal title for this site and any
prospective developer should ensure that they have read through all of the attached title
documents and obtained independent legal advice on the title issues. Developers must rely
on their own title investigations and the Homes and Communities Agency and Ashfords LLP
accept no responsibility for matters arising from any failure to do so.
Introduction
The Development Property is the freehold land and buildings lying to the north of Trevenson
Road, Redruth, Cornwall. The Development Property comprises four parcels of land all of
which are registered at the Land Registry with title absolute under title numbers CL289638,
CL231992, CL281969 and CL215743. Title absolute is the best class of title available.
A
Registered title CL289638 ("the First Property")
1.
Title
The Homes and Communities Agency has absolute title.
The First Property is subject to the matters detailed below:
1.1
1
Conveyance dated 28 February 1917 made between (entry 2 of the Property
Register) - the land shown tinted blue on the title plan excludes:
1.1.1
All rivers streams, leats, waters and watercourses (natural or artificial
including the Brea and Carn Brea rivers) which may be within, under or
upon the property together with rights to divert and deal with the
watercourses on the property and to pass and re-pass over the property
with machinery (if necessary) to repair, make good and clean such
watercourses. Reasonable compensation shall be paid for any surface
damage caused in the exercise of these rights. Subject to keeping the
watercourses upon the First Property in good repair and condition and not
interfering with the flow of or diverting or polluting the watercourses., the
owner of the First Property may make reasonable use of the watercourses
for farming and domestic purposes but not for irrigation or any other
purposes,
1.1.2
Mineral rights with the right to win, work and dig for the minerals by entry
on the surface or by underground workings with machinery and other
implements and materials to exercise these rights.
1.1.3
All the sites of mining shafts and dump heaps and the right to pass and
re-pass over or upon them with machinery, implements and other things
for the purpose of using, occupying and enjoying the shafts and dump
heaps.
1.1.4
Entry 3 of the Property Register details limitations on the extent of land
being transferred by virtue of the Conveyance referred to above at
paragraph A.2.1.
1.1.5
The land tinted blue on the title plan is also subject to:
1.1.5.1
all tithes or rent charges, land tax or other outgoings
affecting the property and all easements, rights of common
and profits a prendre that may have been reserved on any
enfranchisement or any that were affecting the property in
1917;
1.1.5.2
all liability (if any) to repair or contribute to the repair of
roads, footpaths, rivers, watercourses, sewers, drains,
culverts, gutters, walls, fences etc attaching to the property
in 1917.
1.1.5.3
all quasi easements and/or quasi privileges used or enjoyed
for the benefit of other land then or formerly forming part of
the estates comprised in the Indenture of Settlement dated
28 June 1895.
The Land Registry holds no particulars of the Indenture
dated 28 June 1895 other than it was a resettlement of the
Honour or Manor of Tehidy and the Basset Family Estates.
1.1.5.4
all covenants, agreements, provisions and stipulations
contained in any Conveyance, Lease or Agreement
affecting the mines and minerals within or under the
property.
Reasonable compensation shall be paid in respect of any surface damage caused
in exercising the rights set out at paragraphs A.2.1.2 and A.2.1.3 above.
1.2
Conveyance dated 29 October 1917 made between (entry 4 of the Property
Register) - the land shown tinted yellow on the title plan excludes:
1.2.1
All rivers, stream, leats, waters and watercourses with full rights of entry in
order to deal with them. Please refer to 2.1.1 as the reservation reflects
that contained in the Conveyance dated 28 February 1917.
1.2.2
Mineral rights with the right to win, work and dig for minerals and to do
works in connection with the minerals. Please refer to paragraphs A.2.1.2
and A.2.1.3 as the reservation reflects that contained in the Conveyance
dated 28 February 1917.
1.2.3
Entry 5 of the Property Register details limitations on the extent of land
being transferred by virtue of the Conveyance referred to above at
paragraph A.2.1.
1.2.4
The land tinted yellow on the title is subject to the matters detailed at
paragraph A.2.1.5 detailed above.
Reasonable compensation shall be paid in respect of any surface damage caused
in exercising the mineral rights set out at paragraph A.2.2.2 above.
1.3
Transfer dated 28 November 2008 made between (1) Cornwall College Further
Education Corporation (hereafter referred to as "CCFEC") and (2) The Cornwall
County Council (entry 6 of the Property Register) - the First Property is subject to
the following exceptions and reservations by virtue of a Transfer of the land shown
tinted brown on the title plan:
1.3.1
2
The right to enter that part of the property comprising the "Blue Land" (as
shown edged blue on the 2008 Transfer plan) with or without workmen,
machinery and equipment to lay, connect and maintain service media and
run services through the property with the right of entry to repair and
renew the service media (subject to paying a fair and reasonable
contribution according to user towards costs of cleaning, maintaining,
repairing and renewing such service media;
1.4
1.3.2
A right of way over that part of the property comprising the "Roadway" (as
shown cross hatched brown on the 2008 Transfer plan) at all times and
for all purposes subject to complying with reasonable regulations
governing the use of the Roadway and paying a fair and reasonable
proportion according to user of the costs incurred in maintaining the
Roadway. CCFEC had the right to vary the route of the Roadway on
providing 28 days written notice and compliance with the provisions
detailed in Clause 12.9.3.2 of the Transfer.
1.3.3
Clause 12.8 of the Transfer contains a number of personal covenants
given by CCFEC to The Cornwall County Council. Please refer to the
attached Transfer for further details of these personal covenants.
Transfer dated 31 March 2011 made between (1) CCFEC and (2) Homes and
Communities Agency (hereafter referred to as the "HCA") (entry 7 of the Property
Register) - the First Property is subject to the following exceptions and reservations
by virtue of a Transfer of the land shown tinted pink on the title plan:
1.4.1
A right to the free and uninterrupted passage and running of services
through service media upon the property;
1.4.2
A right of access onto the property to make connections to the service
media on the property, to carry out repairs to service media upon the
property or to carry out repairs to the land tinted pink on the title plan;
1.4.3
Provisions regulating any alterations to service media upon the property;
1.4.4
A right of support and protection;
1.4.5
Clauses 12.4.4 to 12.4.7 of the Transfer details the personal covenants
given by the HCA in relation to the land tinted pink on the title plan; and
1.4.6
Clause 12.4 of the Transfer sets out the restrictive covenants entered into
by CCFEC to bind its retained land (the First Property forms part of that
retained land) not to cause any damage or to park vehicles or otherwise
obstruct or deposit any substances on the Access Road and not to do or
allow on the retained land anything which may cause nuisance or damage
to the HCA or its successors.
Only a brief overview is detailed above as the land tinted pink now forms part of the
Development Property
1.5
3
Transfer dated 29 March 2012 made between (1) CCFEC and (2) HCA (entry 8 of
the Property Register) - the Property is subject to the following rights:
1.5.1
A right for CCFEC to use the foul sewers (approximate position shown by
a green line on Plan 3 attached to the Transfer) for drainage of foul
sewerage from CCFEC's retained land, a right of entry onto such parts of
the First Property as may be necessary at reasonable times and on
reasonable notice to repair, maintain and replace such sewers;
1.5.2
A right to pass and re-pass with or without vehicles over that part of the
property shown coloured purple on Plan 2 attached to the Transfer (or
such other route as the HCA shall reasonably designate from time to time)
until it becomes highway;
1.5.3
The right, only in an emergency where no other access is available to be
used, to pass and re-pass with or without vehicles over that part of the
property shown coloured blue on Plan 2 attached to the Transfer until it
becomes highway.
The rights above are granted subject to CCFEC keeping the sewers in good repair
and condition, maintaining the land over which rights of way are granted in
paragraphs A.2.5.2 and A.2.5.3 above in good repair and condition and indemnifying
the HCA against any claims or losses arising from any exercise of the rights.
CCFEC must produce copies of any consents before commencing any works, cause
no unnecessary damage to the property and immediately make good any damage
caused, comply with all laws etc. Further details can be found at Clause 12.4 of the
Transfer.
1.6
1.5.4
CCFEC gave personal covenants in favour of HCA which are detailed at
Clause 12.6 of the Transfer.
1.5.5
Clause 12.10 of the Transfer is a mutual covenant in respect of the grant
of an easement over the property in relation to a surface water drainage
pipe.
Wayleave Agreement dated 8 October 1956 made between (1) The Cornwall
County Council and (2) South Western Electricity Board (entry 3 of the Charges
Register) - the First Property is subject to the following rights:
1.6.1
A right for South Western Electricity Board to lay 400 yards of
underground cables in the positions indicated on the plan attached to the
Agreement (high voltage electric cable);
1.6.2
Rights to the use, maintenance, repair, alteration, renewal, inspection and
removal of the works;
1.6.3
The right to feel, lop or cut any tree or hedge on the First Property which
interferes with exercise of the right in paragraph A.2.6.2;
1.6.4
Right of entry on the First Property at all reasonable times by SWEB and
third parties authorised by them for any purpose set out above.
1.7
We have not reported on the Lease dated 3 March 2008 referred to at entry 5 of the
Charges Register as the term has now expired.
1.8
Lease of Electricity Substation dated 9 September 2009 for a term of 99 years from
9 September 2009 made between (1) The Cornwall Council and (2) Western Power
Distribution (South West) plc (entry 6 of the Charges register) - the First Property is
subject to the following rights and covenants contained in the Lease:
4
1.8.1
A right of entry those parts of the First Property that are adjoining or
adjacent to the substation as may be necessary for the purpose of
erecting or maintaining the boundary walls, fences or other structures of
the substation;
1.8.2
A right to pass and re-pass at all times and for all purposes in connection
with the use of the substation with or without vehicles over the land shown
coloured green and coloured green and cross hatched black on the Lease
plan;
1.8.3
Rights to lay and maintain underground electric lines in the position shown
coloured shown on the Lease plan;
1.8.4
The utility company (WPD) may grant licences to third parties to occupy
the substation; and
1.8.5
1.9
A covenant not to erect or permit to be erected any building or other
erection over or within one metre on either side of the electric lines
Deed Dated 16 December 2010 made between (1) CCFEC and (2) The Cornwall
Council in respect of a surface water drain (entry 7 of the Charges Register) - the
First Property is subject to the following rights and covenants::
1.9.1
For the purpose of installing a surface water drain 500 millimetres in
diameter together with an inspection chamber ("the Drains") in the
position shown by a blue line and cross hatched pink on the Deed plan
between the points marked "A", "B", "C" and "D" (the Easement Strip") a
right of entry with contractors, workmen and others onto a strip of land
measuring 4 metres in width on either side of the Easement Strip or so
much of the First Property as is reasonably necessary for installation of
the Drains and to maintain, cleanse, repair and renew the Drains and a
right to use the Drains for the passage and running of surface water from
the highways within the Pool Regeneration Area (as defined in the Deed).
1.9.2
The First Property is subject to restrictive covenants not to:
1.9.2.1
Carry out or permit any activity on the First Property which
may cause damage to the Drains;
1.9.2.2
Impede the flow of surface water through the Drains;
1.9.2.3
Excavate above the Drains or below 2 metres from ground
level within the area 4 metres either side of the Easement
Strip;
1.9.2.4
Carry out any planting of any materials above the Drains or
within the area 4 metres either side of the Easement Strip;
1.9.2.5
Erect or permit to be erected any structure of a temporary or
permanent nature including any hard landscaping above the
Drains or within the area 4 metes either side of the
Easement Strip
In the event of any such damage being caused to the Drains to forthwith
upon receipt of a request in writing from Cornwall Council to make good to
the satisfaction of Cornwall Council any such damage as soon as
reasonably practical and to make compensation for any damage which
cannot be made good.
1.10
Lease dated 29 March 2012 (Schedule of leases of easements). The Lease is dated
29 March 2012 and was granted for a term of 2 years from 29 March 2012 to 29
March 2014. The lease of an easement relates to an accessway at Trevenson Road
which includes land comprised in the Third Property. There is a mutual break clause
within the Lease.
2.
Matters that benefit the First Property
The First Property has the benefit of the rights granted or reserved by the:
2.1
Transfer dated 28 November 2008 made between (1) Cornwall College Further
Education Corporation (hereafter referred to as "CCFEC") and (2) The Cornwall
County Council (entry 6 of the Property Register) - the First Property has the benefit
of the rights reserved by the Transfer of the land tinted brown on the title plan:
2.1.1
5
A right of entry with or without workmen, machinery and equipment upon
the land tinted brown in the title plan for the purposes of inspecting,
repairing, maintaining and renewing any service media benefitting the
First Property, subject to making good any damage caused; and
2.2
2.1.2
The right to the passage and running of all services through all service
media on or under the land tinted brown on the title plan subject to paying
a fair and reasonable contribution according to user towards costs of
cleaning, maintenance, repair and renewal.
2.1.3
The restrictive covenant given by The Cornwall County Council was only
to bind the land tinted brown on the title plan for so long as the Blue Land
was owned by CCFEC. The Blue Land is now owned by HCA.
Transfer dated 31 March 2011 (entry 7 of the Property Register) - the First Property
has the benefit of the rights reserved by a Transfer of the land tinted pink on the title
plan:
2.2.1
A right to the free and uninterrupted passage and running of services
through service media through the land tinted pink, subject to not causing
damage and paying a fair and reasonable proportion of costs according to
user of maintenance, repair and renewal;
2.2.2
A right of way over the access road;
2.2.3
Provisions regulating any alterations to service media upon the land tinted
pink;
2.2.4
A right of support and protection from the land tinted pink;
2.2.5
A right of entry in the event that the owner of the land fails to comply with
obligations contained within the Transfer.
Only a brief overview is detailed above as the land tinted pink now forms part of the
Development Site.
2.3
The Transfer dated 31 March 2011 also contains restrictive covenants given by the
HCA to benefit land in title number CL160989 at the time of the Transfer not to
cause any damage or to park vehicles or otherwise obstruct or deposit any
substances on the Access Road and not to do or allow on the retained land anything
which may cause nuisance or damage to the CCFEC or its successors.
2.4
The Transfer dated 29 March 2012 (entry 8 of the Property Register) - the First
Property has the benefit of the following::
2.4.1
The right, on reasonable notice and at times approved by CCFEC and at
the HCA's expense to lay and make a connection to the surface water
drainage pipe laid pursuant to the Deed of Grant dated 16 December
2010 in a position approved by CCFEC;
2.4.2
To use the connection and the pipe for surface water drainage from the
HCA's adjoining land shown orange on Plan 2 attached to the Transfer;
2.4.3
To enter the land remaining in title number CCL160989 at the time of the
Transfer at reasonable times and on reasonable notice (except in an
emergency when no notice is required) in order to repair, maintain and
replace the connection and pipe.
2.4.4
The rights set out at paragraphs A.3.4.1 - 3.4.3 are subject to the following
provisos:
2.4.4.1
6
To produce to CCFEC copies of any necessary consents
from the statutory undertaker or local authority as the case
may be;
2.4.5
3.
2.4.4.2
To cause no unnecessary damage to CCFEC's retained land
in the exercise of the rights and to make good any damage
caused and paying compensation in respect of any damage
not made good and any loss caused to CCFEC; and
2.4.4.3
Complying with all laws governing the installation, repair, use
and replacement of any service media laid.
The rights set out at paragraphs A.3.4.1 - 3.4.3 are subject to CCFEC
having the right to divert, relocate and replace the whole or part of the
surface water drains to other routes or drains as CCFEC may reasonably
determine; carry out such works as may be necessary to vest the drains in
the appropriate body and to connect into and use (including increasing the
capacity or otherwise improving or altering) the drains subject to obtaining
the HCA's approval.
Other matters
A restriction on title prevents any disposition unless a written consent has been
signed by the proprietor of land registered under title number CL259578 or its
conveyancer that the provisions of Clause 2(c) of a Deed of Covenant dated 29
March 2012 made between (1) The Cornwall Council and (2) The Homes and
Communities Agency have been complied with or that they do not apply to the
disposition (entry 2 of the Proprietorship Register). A copy of the Deed of Covenant
is attached.
Please refer to the title plan for title number CL215743 to ascertain the location of
the land registered under title number CL259578.
B
Registered title CL231992 (the "Second Property")
1.
Title
The Urban Regeneration Agency has absolute title.
2.
The Second Property is subject to the matters detailed below:
2.1
Conveyance dated 28 February 1917 (entries 2 and 3 of the Property Register and
entry 1 of the Charges Register) - the land shown tinted pink on the title plan
excludes the matters set out in paragraphs A.2.1.1. - A.2.1.5.4 above
2.2
Conveyance dated 29 October 1917 (entries 4 and 5 of the Property Register and
entry 2 of the Charges Register) - the land tinted yellow on the title plan contains
exceptions and reservations which are identical to those contained in the
Conveyance dated 28 February 1917 referred to above.
2.3
Conveyance dated 2 September 1920 (entries 6 and 7 of the Property Register) the land tinted blue on the title plan contains exceptions and reservations which are
identical to those contained in the Conveyance dated 28 February 1917 referred to
above and in addition excludes any right of light or air which would prevent the user
or development of adjoining or neighbouring land.
2.4
Transfer dated 30 March 2007 made between (1) Cornwall County Council and (2)
The Urban Regeneration Agency (entry 8 of the Property Register) - states that the
Second Property will not by virtue of the Transfer have any rights, easements or the
benefit of any matters over land retained by Cornwall County Council other than
those expressly granted and Section 62 of the Law of Property Act will not apply.
7
3.
Matters that benefit the Second Property
The Second Property has the benefit of the rights granted or reserved by the:
3.1
3.2
8
Transfer dated 28 November 2008 made between (1) The Urban Regeneration
Agency and (2) The Cornwall County Council (entry 9 of the Property Register) as
follows:
3.1.1
The right to the passage of utilities through the service media upon the
Pool Innovation Centre site ("PIC site") together with a right of entry upon
the PIC site for the purpose of inspecting, maintaining and repairing the
same;
3.1.2
Subject to contributing a fair proportion, according to user, of the costs of
inspecting, maintaining, repairing and renewing the Access Road shown
hatched red on the Transfer plan (and if and when constructed any new
junction and roadway) and all barriers and signs, a right of way at all times
on foot or by vehicle over the Access Road PROVIDED THAT the right is
limited to access and egress from only such parts of the Second Property
as are used for the Specified Purpose (as defined in the Transfer);
3.1.3
Subject to Cornwall County Council obtaining the requisite consents, a
right to enter onto the Access Road and the Landscaping Strip shown
cross hatched red on the Transfer plan for the purpose of constructing at
its own cost and thereafter inspecting, maintaining, repairing and
replacing a junction and roadway connecting the Property into the Access
Road
3.1.4
Subject to access over the Access Road not being adversely affected or
interrupted the right to enter onto such part of the Landscaping Strip as is
required to construct, inspect, maintain and repair any new building, road
or other erection on land registered under title numbers CL215743 and
CL231992.
3.1.5
Restrictive covenants provided by Cornwall Council are not to do the
following for a period of 25 years from 28 November 2008 without the
prior approval of the Urban Regeneration Agency (for which no charge
can be made by the URA):
3.1.5.1
Alter the exterior of the building in such a way so that the
principal entrance for persons arriving at the building on foot
would be moved from the point marked X on the building
plans or to do anything which shall have the effect of
preventing the same from being used as the principal
entrance to the Building for people arriving on foot;
3.1.5.2
Permanently block or obscure the glass elevations detailed
on the Entrance Feature nor to bock the same with posters,
signs or other screening so as to obscure more than 10% of
such elevations provided that blocking or obscuring by blinds
or curtains or similar items shall not be a breach of the
clause; and
3.1.5.3
To use the PIC site other than for any use falling within Use
Class B1.
Transfer dated 29 March 2012 made between (1) CCFEC and 92) HCA (entry 10 of
the Property Register) - the Second Property has the benefit of the rights granted by
the Transfer of the land shown tinted brown on the title plan as set out at paragraph
A.3.4 above (as the land registered under title number CL231992 is referred to in
that Transfer as the Transferee's Adjoining Land).
4.
Other matters
No restrictions detailed in the Proprietorship Register
C
Registered title CL281969 (the "Third Property")
1.
Title
Homes and Communities Agency has absolute title.
2.
The Third Property is subject to the matters detailed below:
2.1
The Third Property is subject to the rights reserved by:
2.2
Conveyance dated 29 October 1917 (Entries 2 and 3 of the Property Register)
contains exceptions and reservations which are identical to those contained in the
Conveyance dated 28 February 1917 referred to above. The Property excludes the
matters set out in paragraphs A.2.1.1. - A.2.1.5.4 above
2.3
Conveyance dated 27 October 1954 (entry 4 of the Property Register) - mines and
minerals are excluded from the land shown tinted mauve on the title plan together
with full power to win, work and dig for such minerals by underground workings only
paying reasonable compensation for surface damage.
2.4
Transfer dated 28 November 2008 (entry 5 of the Property Register) - the Third
Property is subject to the exceptions and reservations as set out in paragraphs
A.2.3.1 - A.2.3.2 above. Part of this Third Property comprises the "Blue Land"
referred to in paragraph A.2.3.1.
2.5
Conveyance dated 9 July 1920 (entry 2 of the Charges Register). The part of the
Third Property shown coloured mauve on the title plan was transferred subject to:
2.6
2.5.1
all liability to repair or contribute to the repair of roads, ways, footpaths,
bridges, riverbanks, dykes, leats, seawalls, sewers, drains, culverts, walls,
fences etc;
2.5.2
The right of the vendors, local authorities and all other persons entitled to
the free and unrestricted use of all rivers, streams, leats, springs, waters
and watercourses (natural or artificial) at all times for all farming and
domestic purposes but not for irrigation or other purposes; and
2.5.3
All easements or quasi-easements, rights and privileges that are
exercised or enjoyed over the Third Property.
Conveyance dated 10 October 1953 (entry 3 of the Charges Register). The land
shown edged brown on the title plan was transferred subject to the covenants,
conditions and provisions of a Conveyance dated 7 August 1917.
No further details of this Conveyance were supplied on first registration.
2.7
Lease of Electricity Substation dated 9 September 2009 (entry 4 of the Charges
Register). The Third Property is subject to the rights and covenants set out in
paragraph A.2.8 above.
2.8
Deed dated 16 December 2010 (entry 5 of the Charges Register). The Third
Property is subject to the rights and covenants set out in A.2.9 above. This Deed
contains restrictive covenants as set out in paragraph A.2.9.2 above.
9
2.9
Transfer dated 31 March 2011 (Entry 6 of the Charges Register). The Third Property
is subject to the rights reserved over the Third Property as set out at paragraph
A.3.2 above. This Transfer contains restrictive covenants as set out in paragraph
A.3.3 above.
2.10
Lease dated 29 March 2012 (Schedule of leases of easements). The Lease is dated
29 March 2012 and was granted for a term of 2 years from 29 March 2012 to 29
March 2014. The lease of an easement relates to an accessway at Trevenson Road
which includes land comprised in the Third Property. There is a mutual break clause
within the Lease.
3.
Matters that benefit the Third Property
The Third Property has the benefit of the rights granted or reserved by the:
3.1
Transfer dated 28 November 2008 (entry 5 of the Property Register). The Third
Property benefits from the rights reserved by a Transfer of the land tinted pink on
the title plan as set out in paragraph A.3.1 above.
3.2
Transfer dated 31 March 2011 (entry 6 of the Property Register). The Third Property
benefits from the rights granted under this Transfer as set out in paragraph A.2.4
above. The Third Property is the land tinted pink on the title plan CL289638.
3.3
Transfer dated 29 March 2012 (entry 8 of the Property Register). The Third
Property has the benefit of the rights granted by a Transfer of the land tinted brown
on the title plan as set out in paragraph A.3.4 above.
4.
Other matters
4.1
Two restrictions on title prevent a disposition of the registered estate (Entries 3 and
4 of the Proprietorship Register).
4.1.1
The first restriction relates to provision of a certificate signed by CCFEC or
its conveyancer that the provisions of paragraph 12.4.3 of the Transfer
dated 31 March 2011 have been complied with
4.1.2
The second restriction relates to the provision of a certificate signed by a
conveyancer that the provisions of clause 3.5 of a Deed of Covenant
dated 18 January 2013 made between (1) Cornish Minerals Limited and
Baseresult Holdings Lmited and (2) Homes and Communities Agency,
The Cornwall Council and CCFEC have been complied with or that they
do not apply to the disposition.
D
Registered title CL215743 (the "Fourth Property")
1.
Title
The Homes and Communities Agency has absolute title.
2.
The Fourth Property is subject to the matters detailed below:
The Fourth Property is subject to the rights granted or reserved by:
2.1
Conveyance dated 29 October 1917 (Entries 2 and 3 of the Property Register) and
Entry 1 of the Charges Register contains exceptions and reservations which are
identical to those contained in the Conveyance dated 28 February 1917 referred to
above. The Property excludes the matters set out in paragraphs 2.1.1. - 2.1.5.4
above
2.2
Agreement dated 12 May 1992 made between (1) The Cornwall County Council and
(2) Education Asset Board and (3) Camborne School of Mines (entry 4 of the
Property Register). This Agreement outlines the property rights and liabilities
transferred from The Cornwall County Council to Camborne School of Mines
10
pursuant to Section 130 Education Reform Act 1988. The Camborne School of
Mines site is subject to provisions and covenants contained in Conveyances dated
13 September 1938, 25 January 1946 and 21 July 1958 in so far as they are
subsisting and affect the Property.
No copies of these Conveyances are held.
The Fourth Property is subject to rights to the passage of services and a right of
entry to maintain/repair any services in favour of The Cornwall County Council
together with vehicular and pedestrian rights of way over the land coloured brown on
the plan. This Agreement sets out the use of shared facilities between Camborne
School of Mines and Cornwall College which we understand are now historic.
2.3
Deed dated 18 August 1992 made between (1) Camborne School of Mines and 92)
The Cornwall County Council (Entry 5 of the Property Register). The Fourth
Property is subject to rights granted to The Cornwall County Council to use the gas
main or gas pipe shown by a yellow line on the plan attached to this Deed for the
passage of gas to Cornwall College, rights to lay, repair and maintain the gas pipe
or main and associated rights of entry.
2.4
Conveyance dated 21 July 1958 (Entry 2 of the Charges Register). The Conveyance
of the land tinted blue detailed the land was conveyed subject to the matters in the
Conveyance dated 28 February 1917 referred to at paragraphs 2.1.1. - 2.1.5.4
above.
2.5
Lease dated 18 November 2008 (Entry 3 of the Charges Register). Lease has now
expired and therefore we have not reported on its terms.
2.6
Transfer dated 28 November 2008 (Entry 4 of the Charges Register). The Property
is subject to a restrictive covenant contained in this Transfer not to designate any
part of the Fourth Property oursuant to Clause 3 of the Lease (defined in the
Transfer as a Lease of part of the Camborne School of Mines Building dated 13
September 2005 made between (1) The Urban Regeneration Agency and (2) The
Cornwall Council.
We do not have a copy of the Lease referred to above and therefore cannot detail
the precise terms of the restrictive covenant.
2.7
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Deed dated 22 December 2010 made between (1) Homes and Communities
Agency and (2) The Cornwall Council (Entry 5 of the Charges Register). The Fourth
Property is subject to the following rights and covenants::
2.7.1
For the purpose of installing a surface water drain 500 millimetres in
diameter together with an inspection chamber ("the Drains") in the
position shown by a blue line and cross hatched pink on the Deed plan
between the points marked "A" and "B" (the Easement Strip") a right of
entry with contractors, workmen and others onto a strip of land measuring
4 metres in width on either side of the Easement Strip or so much of the
First Property as is reasonably necessary for installation of the Drains and
to maintain, cleanse, repair and renew the Drains and a right to use the
Drains for the passage and running of surface water from the highways
within the Pool Regeneration Area (as defined in the Deed).
2.7.2
The Fourth Property is subject to restrictive covenants not to:
2.7.2.1
Carry out or permit any activity on the Fourth Property which
may cause damage to the Drains;
2.7.2.2
Impede the flow of surface water through the Drains;
2.7.2.3
Excavate above the Drains or below 2 metres from ground
level within the area 4 metres either side of the Easement
Strip;
2.7.2.4
Carry out any planting of any materials above the Drains or
within the area 4 metres either side of the Easement Strip;
2.7.2.5
Erect or permit to be erected any structure of a temporary or
permanent nature including any hard landscaping above the
Drains or within the area 4 metes either side of the
Easement Strip
In the event of any such damage being caused to the Drains to forthwith
upon receipt of a request in writing from Cornwall Council to make good to
the satisfaction of Cornwall Council any such damage as soon as
reasonably practical and to make compensation for any damage which
cannot be made good.
3.
Matters that benefit the Fourth Property
The Fourth Property has the benefit of the rights granted or reserved by the:
3.1
Agreement dated 12 May 1992 (entry 4 of the Property Register). Vehicular and
pedestrian rights of way over the land coloured yellow (which now forms part of the
development site), a right to the passage of services and a right upon giving
reasonable notice to enter adjoining or nearby premises of The Cornwall County
Council to inspect, maintain and repair the same.
3.2
Deed dated 18 August 1992 (Entry 5 of the Property Register). The Fourth Property
benefits from rights to use the gas pipe or gas main referred to in paragraph D.2.3
above together with rights to lay, repair and maintain the gas pipe or main and
associated rights of entry.
3.3
Transfer dated 28 November 2008 (Entry 7 of the Property Register). The Fourth
Property benefits from the rights and covenants set out in paragraph B.3.1 above.
3.4
Transfer dated 29 March 2012 (Entry 8 of the Property Register). The Fourth
Property benefits from the rights reserved by a Transfer of the land tinted yellow
which now forms part of the development site.
4.
Other matters
4.1.1
E
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Planning
A restriction on the title prevents a disposition of the registered estate
(Entry 3 of the Proprietorship Register) without the provision of a
certificate signed by a conveyancer that the provisions of clause 3.5 of a
Deed of Covenant dated 18 January 2013 made between (1) Cornish
Minerals Limited and Baseresult Holdings Limited and (2) Homes and
Communities Agency, The Cornwall Council and CCFEC have been
complied with or that they do not apply to the disposition.
1.
Planning permission
Pursuant to application number W2/PA10/00156/O and a decision notice 17 May
2010 conditional outline planning permission has been granted for a mixed use
development comprising the erection of one hundred and twenty two dwellings,
student accommodation, B1 (Research and Development), A1/A2 Commercial,
coach park and car park for Cornwall College and associated open space and
parking.
Section 106 Agreement
In conjunction with planning application reference W2/PA10/00156/O, a Planning
Obligation under Section 106 of the Town and Country Planning Act 1990 dated 14
May 2010 has been entered into by (1) The Cornwall Council, (2) The Homes and
Communities Agency and (3) Cornwall College.
13