Decision details

No.4 Benhooks Place is a dwelling house sold under the Right to Buy and conveyed on the 6th January 1992. The owner recently deceased and a purchaser has requested a deed of rectification to include rights for the use of an allocated store No.4 as it is agreed the original document did not correctly reflect the intentions of the Transferor and Transferee. Each party to pay their own costs.

The decision is being taken by the Head of Housing, Health and Property acting under the authority delegated at paragraph 10.13.16 of the council’s Constitution ‘Lettings of all properties including council offices; consents to assignments and sub-lettings; the granting of easements and licences; entering into leases, sub-leases, licences and easements on behalf of the council as lessee or lessor, sub-lessee, licensee or grantee as appropriate; consent to modification or release of restrictive covenants; rent reviews under existing and future leases, including the approval of terms, subject to reporting transactions half-yearly to the Executive'.

Deed of Rectification to read under Schedule 1 of the Conveyance of 4 Benhooks Place, Bishop's Stortford dated 6th January 1992 the words "to use the drying area and bin area and store No.4 shown for the purpose of identification only coloured yellow on the said plan".

Option 1 - that a Deed of rectification is applied to the Conveyance Document and Plan to include to the Transferee the right to use the store No.4 along with other existing rights.
There are no other options as the Deed of Rectification requires that where it is accepted that there is an inaccuracy within a conveyance, the council must rectify the error to be officially fixed on the Land Registry title.