In 2003, Howard Zinn purchased a large plot of land in the desirable Sheffield suburbof Ranmoor upon which to build his dream house. Whilst previously unregistered, incompliance with s 4(1)(a) of the Land Registration Act 2002, Howard duly registeredtitle to the land at HM Land Registry following completion of the purchase.Construction of the house, which Howard named Ranmoor Grange, was completedin June 2004.In 2005, Howard built another smaller house on part of the land, which he calledRanmoor Grange Lodge. Upon completion of the property, he sold Ranmoor GrangeLodge (2 Ranmoor Road, Sheffield) and some of the surrounding land to KurtVonnegut. As a condition of purchase, Howard required Kurt to agree to a number ofcovenants, which were subsequently protected by entry in the Charges Register toRanmoor Grange Lodge.In September 2014, Howard, having decided to move into a retirement home, soldRanmoor Grange to Joseph and Shirley Heller. In August of the following year, Kurtsold Ranmoor Grange Lodge to William Pilgrim. Since moving in, William has parkedhis prized Volkswagen Camper motorhome on the shared private driveway that leadsfrom the public highway (Ranmoor Road) to both properties, often making it difficultfor the Hellers to pass. William has also built a workshop out of breezeblocks in thegarden of Ranmoor Grange Lodge, from which he is running his campervanrestoration business, Pilgrim’s Camper Company.In December 2015, William knocked down a section of the fence bordering the Northside of his garden whilst reversing a campervan into his workshop. Despite beingasked by Shirley on repeated occasions to repair the fence, William has neglected todo so.One morning, after scratching his car on the gate post whilst trying to drive pastWilliam’s Volkswagen Camper, Joseph decided that he had had enough of William’sinconsiderate behaviour and therefore wrote to him in order to air his grievances. Inhis letter, Joseph demanded that William stop parking his campervan on the shareddriveway and stated that he and Shirley thought William’s workshop was an‘eyesore’ and wanted it knocking down. The letter also informed William that theHellers intend to seek injunctions to stop William running Pilgrim’s Camper Companyfrom Ranmoor Grange Lodge and to force him to comply with the covenant relatingto the maintenance of the fence.
Advise the parties.
HM Land RegistryTitle Number: MN 57839 Edition Date: 4 April 2016This is a copy of the register of the title number MN 57839, showing theentries in the register on 4 APRIL 2016 at 0901.A: Property RegisterThis register describes the land and the estate comprised in thetitle.SOUTH YORKSHIRE : SHEFFIELD1. (17.11.2005) The Freehold land shown edged with red on theplan of the above Title filed at the Registry and beingRanmoor Grange Lodge, 2 Ranmoor Road, Sheffield (S10 2QR).B: Proprietorship RegisterThis register specifies the class of title and identifies theowner. It contains any entries that affect the right of disposal.Title Absolute1. (10.08.2015) PROPRIETOR(S): William B Pilgrim of RanmoorGrange Lodge, 2 Ranmoor Road, Sheffield, S10 2QR.C: Charges RegisterThis register contains any charges and other matters that affectthe land.1. A Conveyance of the land in this title dated 10 November2005 made between (1) Howard Zinn (Vendor) and (2) Kurt SVonnegut (Purchaser) contains the following covenants:-"THE Purchaser hereby covenants with the Vendor so as tobind the land hereby conveyed into whomsoever hands thesame may come that the Purchaser and his successors intitle: 3C: Charges Register(continued)(a) shall not at any time carry on on the Propertyhereby conveyed or any part thereof any trade orbusiness whatsoever or use any building on theProperty for any purpose other than as or incidentalto a single private dwelling;(b) shall not erect or permit to be erected any newpermanent or temporary building (other than agreenhouse) without first obtaining the writtenapproval of the Vendor or his successors in titlethe owners or occupiers for the time being of theretained property, such approval not to beunreasonably withheld;(c) shall not park or permit to stand on the property orshared driveway a caravan, a house on wheels, orother chattel intended or adapted for use as adwelling-house or sleeping apartment or the like,without the written permission of the Vendor or hissuccessors in title the owners or occupiers for thetime being of the retained property;(d) at his own expense shall erect forthwith and foreverhereafter maintain sufficient close boarded fencesnot less than six feet in height on the North, Westand South sides of the Property.2. (10.08.2015) The Transferee (William B Pilgrim) covenantswith the Transferor (Kurt S Vonnegut) to observe andperform the covenants, restrictions and stipulationscontained, mentioned or referred to in the ChargesRegister to the above numbered title and to indemnify theTransferor in respect of any future breach, non-observance or non-performance thereof.
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- 21-03-2016 14:02