Hillmere Management Limited

A pleasant corner of Park Hill, Croydon

Covenants, rules, and triennials Deed of Covenant

HILLMERE ESTATE-SECTION 2.

H.M. LAND REGISTRY

LONDON, W.C.2.

LAND HEGISTRATION ACTS 1925 AKD 19G6

TRANSFER OF PART

Title No.: SGL 83350

Property: Plot No.(s) H.35 Brownlow Road Estate

1. DATE 16th of June One thousand nine hundred and sixty nine

IN CONSIDERATION of One thousand six hundred and seventy six pounds, five shillings, (£1,676.5.0.) (the receipt whereof is acknowledged) FERNWOOD ESTATES of 1260 London Road Norbury S.W.16 (hereinafter called "the Vendor ") as Beneficial Owner HEREBY TRANSFERS to PETER ROBIN BRABAZON MORRISON (Stockbroker’s Clerk) and PATRICIA ANNE MORRIS0N of 37 Addiscombe Court Road , Croydon CRO 6TT (hereinafter called “the Purchaser" which expression shall where the context so admits include his successors in title to the land hereby transferred) all that land shown and edged with red on the plan annexed hereto (such plan being hereinafter called "the Plan") such land being known as Plot No. H.35 aforesaid and being hereinafter called "the Premises" and being part of the land comprised in the Title above referred to TOGETHER WITH the rights set out in Part 1 of the First Schedule hereto EXCEPT AND RESERVING unto the Vendor as set out in Part 2 of the same Schedule.

2. IT IS HEREBY AGREED AND DECLARED that the internal walls dividing the house erected upon the premises from houses erected on other plots shall be deemed to be party walls and repairable as such.

3. IT being the intention that the expenses of maintaining and administrating the amenity lands (as hereafter defined) shall be divided according to the number of dwellings erected on the Estate (as hereinafter defined) the Purchaser HEREBY COVENANTS with Hillmere Management Limited (hereinafter called "the Company”) that he will from time to time on demand pay to the Company 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 Company (excluding any Director's fees) (B) managing insuring maintaining upholding cleansing repairing and renewing those lands laid out for the communal enjoyment of purchasers of properties on the Estate (as hereinafter defined) such lands being shown shaded on the Plan (hereinafter called "the amenity lands”) and (C) performing and observing all obligations entered into by it in the terms of clause 8 hereof 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 Company and notice thereof in writing has been given to the Company but without prejudice to any antecedent liability of the Purchaser to the Company.

4. PRIOR to the date hereof the Vendor laid out an Estate (hereinafter called "the Estate") shown edged with a firm black line on the Plan under a scheme of development and 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 (being substantially in the same form as this Transfer) containing divers stipulations to be observed by the owner for the time being of each of those lots And the Purchaser hereby covenants with the Vendor and all other persons claiming under it as purchasers of the Estate or any part or parts thereof with the object and intent of binding the land hereby transferred and each and every part thereof into whosoever hands the same may come and for the benefit of the Estate other than the Premises that he the Purchaser will at all times hereafter observe and perform the restrictions conditions and stipulations set out in the Second Schedule hereto.

5. 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 purchaser 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 purchasers of them before or after the date of the transfer by the Vendor to each such purchaser.

6. PROVIDED ALWAYS that the Vendor shall have power while any of the lots within the Estate are unsold to vary the lotting of the unsold parts of the Estate,

7. IT IS HEREBY AGREED AND DECLARED that nothing herein contained shall subject any part of the Vendor's remaining land at Croydon outside the Estate to any scheme of development or operate to impose any control on the development thereof by the Vendor.

8. IN CONSIDERATION of the covenant on the part of the Purchaser, hereinbefore contained the Company 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 approved by the planning authority.

(ii) that it will maintain properly repaired and cleansed

(a) the roads and footpaths on the Estate and keep the same properly lit in so far as such roads and footpaths are not maintainable at public expense (B) all hard landscaped areas (if any) on the Estate (C) the sewers and drains under the amenity lands and serving the Premises in so far as the same are not maintained at the Public expense

(iii) that it will pay the water rate and all other charges payable in connection with the water points on the amenity lands,

(iv) that it will within fourteen days of the production to it of a Transfer Lease or Assent executed by the transferee lessee or the person in whose favour the Assent is made containing a. covenant by transferee lessee or person in whose favour the Assent is made with the Company in the terms of Clause 3 hereof give a certificate in accordance with Clause 9 hereof.

9. AND we the Vendor and the Purchaser hereby. apply to the Chief Land Registrar (1) to enter notice of the said covenants restrictions stipulations exceptions and reservations on the Register on the Title of the land hereby transferred (2) to enter the following restriction against the title of the land hereby transferred-

“Except under an order of. the registrar no transfer lease 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 a Director of Hillmere Management Limited has been furnished that such Transfer Lease or Assent does not contravene any of the provisions of this present Transfer.”

10. 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.

THE FIRST SCHEDULE above referred to

PART 1

RIGHTS GRANTED TO THE PURCHASER.

Subject to the payment by the Purchaser of the payments under Clause 3 of this transfer :-

1. The right of way at all times in common with all others entitled to the like right to and from the Premises (A) with or without vehicles over such of the roads shown on the Plan as are not at the date of this Transfer dedicated as public highways and (B) on foot only over and along the footpaths not at the date of this Transfer dedicated as a public right of way and serving the Premises or any part thereof.

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.

3. The right to enter the adjoining and neighbouring properties on the Estate with or without workmen at any reasonable time for the purpose of inspecting and repairing the said sewers drains pipes wires cables and conduits and the Premises, making good all damage done.

4. The right to use for purpose only of recreation the amenity lands (so far as the same are capable of being put to such use) provided that the rights in this paragraph are subject also to the due observance by the Purchaser of the regulations for the time being made by the Company in respect of such lands or any of them.

PART III

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 cables and conduits now laid or to be laid in the Premises.

2. The right to enter the Premises for the purpose of inspecting and repairing the said sewers drains pipes wires cables and conduits and the adjoining or neighbouring properties.

THE SECOND SCHEDULE above referred to

1. Nothing shall be done or suffered on the Premises which. shall be or grow to be an annoyance to any persons in whom. the benefit of any of the covenants contained in this Transfer shall at any time be vested.

2. Unless the consent in writing of the Vendor or its successors in title the owner or owners of the land for the time being remaining in the title above referred to 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 PROVIDED however that nothing in this paragraph shall preclude the members of a single household from agreeing between themselves to share the expenses of the household so 'long as no tenancy is created between them or any of them.

PROVIDED that as a condition for the giving of any such consent the Vendor or its said successors in title may require payment of the reasonable fees of its or their Solicitors and Surveyors in connection therewith.

3. No washing or other articles shall be hung out on the premises on any Sunday or Public Holiday.

4. The rights of way mentioned in paragraphs 1(A) 1(B) of Part 1 of the First Schedule hereto shall not be exercised at any time when the Purchaser is or are in default in paying the contributions made payable by Clause 3 of this Transfer.

5. The rights mentioned in paragraph 4 of Part I 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 3 of this Transfer or

(ii) in breach of the regulations for the time being made by the Company referred to in the said paragraph.

6. No transfer lease or assent in respect of the Premises shall be executed unless it contains covenants by the person in whose favour it is executed in substantially the same terms as are contained Clause 3 of this Transfer.

7. Nothing shall be done or permitted to be done on the Premises which will be an alteration to or departure from the overall landscaping scheme for the Estate as a whole.