Leasehold Reform, Housing and Urban Development Act 1993

2 (1) The conveyance shall not exclude or restrict the general words implied in conveyances under section 62 of the M1 Law of Property Act 1925, or the all-estate clause implied under section 63 of that Act, unless— E+W

(a) the exclusion or restriction is made for the purpose of preserving or recognising any existing interest of the freeholder in tenant’s incumbrances or any existing right or interest of any other person, or

(b) the nominee purchaser consents to the exclusion or restriction.

(2) The freeholder shall not be bound—

(a) to convey to the nominee purchaser any better title than that which he has or could require to be vested in him, or

[F1 (b) to enter into any covenant for title beyond those implied under Part I of the Law of Property (Miscellaneous Provisions) Act 1994 in a case where a disposition is expressed to be made with limited title guarantee;

and in the absence of agreement to the contrary the freeholder shall be entitled to be indemnified by the nominee purchaser in respect of any costs incurred by him in complying with the covenant implied by virtue of section 2(1)(b) of that Act (covenant for further assurance).]

(3) In this paragraph “tenant’s incumbrances” includes any interest directly or indirectly derived out of a lease, and any incumbrance on a lease or any such interest (whether or not the same matter is an incumbrance also on any interest reversionary on the lease); and “incumbrances” has the same meaning as it has for the purposes of section 34 of this Act.

Annotations:

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Amendments (Textual)

F1 Sch. 7 para. 2(2)(b) substituted (1.7.1995) by 1994 c. 36, ss. 20, 21(1), Sch. 1 para. 12(3); S.I. 1995/1317, art.2

Marginal Citations

M1 1925 c. 20.