Free Form TP1 — Transfer of Part of Registered Title (UK)

FORM TP1 — TRANSFER OF PART OF REGISTERED TITLE

Land Registration Rules 2003 Schedule 1  ·  LRA 2002 S.27 + S.31  ·  HMLR Practice Guide 21  ·  England

THIS TRANSFER OF PART is made on 4 July 2026 on Form TP1 (revision 29 August 2023), the prescribed HM Land Registry form for the transfer of part of one or more registered titles under Schedule 1 of the Land Registration Rules 2003.

The Transferor is Penelope Helen Bartholomew-Crowe, an individual transferring in personal capacity (executing under LP(MP)A 1989 s.1 — signed, witnessed and delivered as a deed). The Transferee is Cuthbert Edward Marchant. The Transfer relates to PART (not the whole) of the registered estate at parent title number WR248612; the part transferred is identified by reference to the plan annexed to this Transfer (plan reference PHS-2026-014).

This Transfer is executed and delivered as a deed under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989. The transfer of the legal estate does not take effect at law until registration is completed at HM Land Registry (LRA 2002 s.27); a new title number will be allocated to the transferred part on registration.

PANEL 1 — TITLE NUMBER OUT OF WHICH THE PROPERTY IS TRANSFERRED

PANEL 2 — PROPERTY (PART) TRANSFERRED

PANEL 3 — DATE

PANEL 4 — TRANSFEROR

PANEL 5 — TRANSFEREE

The Transferor TRANSFERS to the Transferee the part of the Property described in Panel 2 above and identified on the plan annexed to this Transfer (plan reference PHS-2026-014). This Transfer is made under section 52 of the Law of Property Act 1925 (conveyance of legal estate by deed) and is a registrable disposition under section 27 of the Land Registration Act 2002. Under LRA 2002 s.31, transfer of part operates to allocate a new title number to the part transferred upon registration.

The Transferor has received from the Transferee for the part transferred the sum of 185,000.00 GBP (the "Consideration"), paid by cleared funds on or before completion. The receipt of the Consideration is acknowledged.

The Transferor transfers with full title guarantee under section 2 of the Law of Property (Miscellaneous Provisions) Act 1994: the Transferor has the right to dispose of the part transferred, will at its own cost do all it reasonably can to give the Transferee the title purported to be given, and warrants that the part is free from all charges and encumbrances other than those the Transferor does not and could not reasonably be expected to know about.

4. PLAN ATTACHMENT REQUIREMENTS — HMLR PRACTICE GUIDE 21 + PRACTICE GUIDE 40.

The annexed plan. The transferred part is identified on the plan annexed to this Transfer (plan reference PHS-2026-014). The plan complies with HMLR Practice Guide 40 (HM Land Registry plans) and Practice Guide 21 (using our forms for complex and more unusual transactions).

Plan scale. 1:500 (recommended for typical urban building plots and gardens). The plan is drawn to metric scale with a bar scale. HMLR's preferred scales are 1:1250 to 1:500 for urban properties and 1:2500 for rural properties (PG40 Supplement 2). Larger scales are acceptable but will not result in a larger title plan.

Edging colour convention (PG40 + PG21). The plan uses the following standard colour conventions:
(a) RED edging — the part transferred (the land becoming the subject of the new title): The plot transferred — bounded by the brick wall to the south (4.2m high to the eaves) and the post-and-rail fence to the east; bounded on the north by the existing Old Brewery House garage and the new boundary as agreed; the western boundary is marked on the ground by the existing yew hedge;
(b) BLUE edging — the retained land (remains with the Transferor): The retained land — Old Brewery House, garage, driveway, front garden and the side strip of garden to the west of the yew hedge; the existing entrance from Sheep Street is on the retained land;
(c) BROWN edging — new rights granted over the retained land for the benefit of the transferred part;
(d) PURPLE / OTHER colour edging — new rights reserved over the transferred part for the benefit of the retained land: BROWN — the right of way granted from Sheep Street across the retained driveway and side strip to the rear plot (approximately 18m strip, 3m wide). PURPLE — the right of access reserved to the Transferor across the rear of the transferred plot for maintenance of the south boundary wall (a 1.5m strip along the southern boundary);

All colours referenced in this Transfer match the plan; the plan shows extents clearly defined for each coloured area.

Plan signature (PG40). The plan is signed by the Transferor — signed. Multiple plans in a multi-disposition document each require signature.

HMLR rejection criteria (PG40 + PG49). HMLR will reject the application if the plan: (i) cannot be identified on the Ordnance Survey map; (ii) lacks a clear scale; (iii) has undefined boundaries; (iv) is a hand-drawn sketch; (v) lacks sufficient surrounding detail for location confirmation; or (vi) shows coloured edging that does not match the deed text.

Plan narrative:
Plan PHS-2026-014 was prepared by Wright and Sons Chartered Surveyors of Pershore (dated 18 June 2026, ref WS-2026-PHS-014). The plan is drawn at 1:500 scale on A3 paper, with the parent property at the centre and surrounding terraced houses on Sheep Street included for OS map identifiability. All coloured edging matches the deed text — red for the plot transferred (the rear garden plot), blue for the retained land (Old Brewery House and curtilage), brown for the right of way granted from Sheep Street, and purple for the reserved access strip along the south boundary. The plan has been checked against the parent title plan and against the Ordnance Survey map; no boundary inconsistency. The Transferor has signed the plan at completion. The plan has been pre-checked against HMLR Practice Guide 40 rejection criteria — sufficient surrounding detail, clear scale, defined boundaries, coloured edging matches deed text.

5. RIGHTS GRANTED + RIGHTS RESERVED — TP1 PANEL 11 + LPA 1925 s.62.

(A) RIGHTS GRANTED — easements over the RETAINED land for the benefit of the TRANSFERRED part. The Transferor grants to the Transferee, as appurtenant to the transferred part:

(i) A RIGHT OF WAY for the Transferee, the Transferee's successors in title and their respective licensees, with or without vehicles, at all times and for all purposes connected with the transferred plot, over and along the strip of land edged brown on the plan (the 3m-wide access strip running from Sheep Street to the rear plot);
(ii) A RIGHT to lay, inspect, maintain, renew and repair drainage pipes under the brown strip from the transferred plot to the public sewer in Sheep Street; the Transferee shall make good any damage caused to the surface of the brown strip;
(iii) A RIGHT to connect to existing service media (water, electricity, gas, telecoms) at the boundary of the transferred plot and the retained land;
(iv) A RIGHT for the Transferee's builders to enter the retained land for construction access during the building period (12-month limit from execution date), subject to giving 7 days' notice and making good any damage.

(B) RIGHTS RESERVED — easements over the TRANSFERRED part for the benefit of the RETAINED land. The Transferor reserves over the part transferred, for the benefit of the retained land:

(i) A RIGHT OF ACCESS for the Transferor, the Transferor's successors in title and their respective licensees, on foot only, at all reasonable times on giving 24 hours' notice (save in emergency), over the strip edged purple on the plan (the 1.5m strip along the south boundary), for the purpose of inspecting, maintaining, repairing and renewing the south boundary wall;
(ii) A RIGHT to inspect and maintain the rainwater downpipe attached to the south boundary wall;
(iii) A RIGHT to enter the transferred plot in an emergency where the Transferor cannot reasonably gain access from the retained land for emergency maintenance of services or boundary structures.

(C) LPA 1925 s.62 — GENERAL WORDS IMPLIED. Law of Property Act 1925 s.62 implies into every conveyance of land a general grant of all rights, privileges and easements appertaining to the property at the date of conveyance. The Court of Appeal in Hair v Gillman [2000] 80 PandCR 108 confirmed that s.62 can convert a precarious permission into a permanent easement on transfer. To prevent unintended creation of easements (e.g. an informal practice of crossing the seller's land becoming a permanent right of way), this Transfer DISAPPLIES section 62 — section 62 LPA 1925 shall not operate to create or pass any rights other than those expressly granted above.

(D) WHEELDON v BURROWS [1879] 12 Ch D 31 — IMPLIED GRANT. The common-law rule in Wheeldon v Burrows implies a grant of easements that are: (i) continuous and apparent; (ii) necessary for the reasonable enjoyment of the part transferred; and (iii) used by the Transferor at the time of conveyance. This Transfer DISAPPLIES the rule in Wheeldon v Burrows — no easements shall arise by implication beyond those expressly granted above.

(E) IN RE ELLENBOROUGH PARK [1956] Ch 131 — FOUR CHARACTERISTICS. Any easement created or implied must satisfy the four characteristics from In Re Ellenborough Park [1956] Ch 131 (Evershed MR): (i) there must be a dominant and servient tenement; (ii) the easement must accommodate the dominant tenement; (iii) dominant and servient owners must be different persons; (iv) the right must be capable of forming the subject matter of a grant (definable, not exclusive of the servient owner, not too vague).

Easements narrative:
The Transferor disapplies LPA 1925 s.62 and the rule in Wheeldon v Burrows to prevent unintended creation of easements. Specifically: (a) the Transferor has historically used the rear plot informally as a vegetable garden and kept chickens in a small henhouse; these uses might be argued to give rise to implied easements over the retained driveway under s.62 / Wheeldon v Burrows on transfer of the plot, but the Transferor wishes only the express rights (in the rights granted section) to operate. (b) The historical practice of the Transferor walking across the side strip to access the front garden is not granted as a permanent easement — only the expressly-granted right of way over the brown strip applies. Express grant + disapplication of implication is the conveyancing best practice. The Transferor has obtained Saviles Worcestershire confirmation that the plot is reasonably accessible via the granted brown-strip route without need for any implied easement. The four characteristics from In Re Ellenborough Park [1956] Ch 131 (dominant + servient tenements; accommodation; different owners; capable of grant) are satisfied for each expressly granted right.

6. RESTRICTIVE COVENANTS — TP1 PANEL 11 + LPA 1925 s.78 + LRR 2003 r.10.

(A) THE COVENANTS. For the benefit of the retained land at parent title WR248612, the Transferee covenants with the Transferor that the Transferee will:

(i) NOT to use the transferred plot otherwise than as a single private dwellinghouse with garden and ancillary outbuildings (the covenant prohibits commercial use, multiple-occupation, BandB, hotel, vehicle repair, or noisy/offensive/dangerous trades);
(ii) NOT to construct on the transferred plot any building or extension exceeding TWO STOREYS in height (measured from finished ground level on the highest perimeter point of the building footprint);
(iii) NOT to subdivide the transferred plot into more than one residential unit or building plot without the prior written consent of the Transferor (such consent not to be unreasonably withheld where the proposed subdivision would not adversely affect the amenity of the retained land);
(iv) NOT to construct any building, fence, hedge or boundary structure within 3 metres of the south boundary wall (to preserve the Transferor's reserved access right and the structural integrity of the wall);
(v) NOT to plant any tree on the transferred plot that, at maturity, would exceed 5 metres in height within 3 metres of the boundary with the retained land (to prevent overshadowing of the Transferor's remaining garden).

(B) RUNNING WITH THE LAND — LPA 1925 s.78. Under section 78 of the Law of Property Act 1925, a restrictive covenant is deemed to be made with the covenantee and the successors in title of the covenantee. The covenant runs with the burdened land (binds the Transferee's successors) in equity under Tulk v Moxhay [1848] 2 Ph 774 — provided (i) the covenant is restrictive; (ii) there is dominant land that benefits (the retained land); (iii) the covenant touches and concerns the dominant land; and (iv) the covenant was intended to run with the burdened land.

(C) ANNEXATION OF BENEFIT — FEDERATED HOMES [1980]. The Court of Appeal in Federated Homes Ltd v Mill Lodge Properties Ltd [1980] 1 WLR 594 confirmed that LPA 1925 s.78 effects automatic annexation of the benefit of a restrictive covenant to each and every part of the dominant land, without the need for express words of annexation. The benefit of these covenants is therefore automatically annexed to the retained land and passes to successors in title of the Transferor.

(D) NOTING ON REGISTER — LRR 2003 r.10 + LRA 2002 s.32-39. The covenants WILL be noted on the register of the transferred-part title under rule 10 of the Land Registration Rules 2003 and section 32 of the Land Registration Act 2002 (Notice). Notation on the register protects the covenant against subsequent purchasers and is essential to bind successors.

(E) DISCHARGE / MODIFICATION — LPA 1925 s.84. Under section 84 of the Law of Property Act 1925, the Upper Tribunal (Lands Chamber) has jurisdiction to discharge or modify a restrictive covenant on application by a person interested in the burdened land, where the covenant is obsolete, impedes reasonable user, is no longer required, or where the parties consent. Section 84 applications are not lightly granted; the Tribunal applies a balance of public and private interests test.

Covenants narrative:
The restrictive covenants are imposed for the benefit of the retained land at parent title WR248612 (Old Brewery House and curtilage). The covenants are negative (prohibitions) and touch and concern the retained land — building height affects amenity and privacy; subdivision affects density and character; boundary structure protects access right and wall integrity. The Transferor's solicitor (Marchant and Wexford LLP) has lodged Form AP1 with HMLR contemporaneously with registration to apply for: (a) registration of the transferred plot in the Transferee's name with a new title number; (b) a Notice on the new title under LRA 2002 s.32 to record the restrictive covenants; (c) noting on the retained-land register the benefit of the covenants. Under LPA 1925 s.78 + Federated Homes [1980] 1 WLR 594, the benefit of the covenants is automatically annexed to the retained land and passes to successors in title without need for express words. The covenants are binding on the Transferee and Transferee's successors in title in equity under Tulk v Moxhay [1848] 2 Ph 774. Future variation or discharge requires either: (i) the Transferor's consent (or successor in title); or (ii) an Upper Tribunal (Lands Chamber) order under LPA 1925 s.84.

7. WAYLEAVES + UTILITY EASEMENTS.

Statutory framework. MULTIPLE UTILITIES — water + electricity + gas + telecoms; separate statutory regimes apply to each.

(A) WATER — Water Industry Act 1991. Water and sewerage undertakers have statutory rights to lay and maintain pipes under WIA 1991 ss.158-160. Where the retained land contains existing water mains or service pipes, the Transferee inherits the burden; where new pipes are required, the undertaker may enter the land for installation.

(B) ELECTRICITY — Electricity Act 1989 Sch 4. Licensed network operators may seek "necessary wayleaves" for overhead lines, underground cables and pylons. Where voluntary negotiation fails, the operator applies to the Secretary of State under Sch 4 for a wayleave order (15-year typical term; compensation under Sch 4 para 7).

(C) GAS — Gas Act 1986 Sch 3. Gas transporters have a "necessary wayleave" regime parallel to the Electricity Act for gas distribution pipes.

(D) TELECOMS — Communications Act 2003 Sch 3A (Electronic Communications Code). Telecoms operators may seek a code agreement for installation of apparatus; if voluntary agreement fails, the Upper Tribunal (Lands Chamber) may impose terms. Reformed by the Electronic Communications Code (Amendment) Regulations 2017 (SI 2017/1283) and the Product Security and Telecommunications Infrastructure Act 2022 (PSTIA 2022) — rents now valued on a "no scheme" hypothetical basis (CTIL v EE Ltd [2022] UKSC 18).

Practitioner duty. The Transferee's conveyancer should obtain copies of any existing wayleave agreements (or statutory wayleaves) affecting the part transferred and the retained land. New wayleaves required for the transferred part can be negotiated voluntarily or by statutory process.

Wayleaves narrative:
Wayleave audit of the transferred plot and the retained land: (a) WATER — Severn Trent Water main runs along Sheep Street; the transferred plot will require a new service connection (Severn Trent application to be made by the Transferee's builder; statutory right under WIA 1991 ss.158-160); existing service pipes to Old Brewery House on the retained land. (b) ELECTRICITY — Western Power Distribution overhead line crosses the southern third of the transferred plot (50m overhead, supporting two pylons at the boundary); a necessary wayleave under Electricity Act 1989 Sch 4 is in place dated 12 June 1998 (15-year term, renewable; current renewal pending — Transferee inherits as successor in title; annual compensation GBP 65). (c) GAS — Cadent Gas distribution main runs along Sheep Street; no service connection currently to the transferred plot; Transferee may apply under Gas Act 1986 Sch 3 statutory wayleave for new connection. (d) TELECOMS — Openreach copper line currently serves Old Brewery House from a pole on Sheep Street; no existing code agreement affects the transferred plot. The Transferee's conveyancer will provide copies of: (i) the Western Power Distribution wayleave agreement; (ii) the Severn Trent build-over agreement (if any sewer runs under the transferred plot); (iii) the title plan annotated to show the route of existing services. The 1998 electricity wayleave is being renegotiated by Western Power (rents now valued on a no-scheme hypothetical basis post-CTIL v EE Ltd [2022] UKSC 18); the Transferee inherits the agreement as registered proprietor on completion.

EXECUTION AS A DEED — LP(MP)A 1989 s.1. This document is executed and delivered as a deed on the date first written above under Law of Property (Miscellaneous Provisions) Act 1989 s.1. The limitation period for any claim under this deed is twelve years (Limitation Act 1980 s.8). The form of execution follows Schedule 9 of the Land Registration Rules 2003 and HMLR Practice Guide 8 (Execution of Deeds) — the prescribed wording applies according to Transferor capacity (individual / UK company under CA 2006 s.44 / overseas entity).

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.