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Lot Errata

Forthcoming Auction 30th June 2010


There are no Errata to report at this time for this auction, please re-visit periodically to check.

Property Auction 30th June 2010


 


IMPORTANT NOTICE TO INTENDING BIDDERS

AUCTION ERRATA

30th JUNE 2010

AT

THE SWALLOW HOTEL, GLASGOW


Value Added Tax:- We confirm that Value Added Tax (VAT) will be levied on the purchase price of Lots – 4, 18, 20 & 28

On client’s instruction, the following Lots have been sold/withdrawn prior to auction

Lot 7 – 189 East High Street, Forfar, Angus
Lot 8 – Church Street / Elder Street, Tranent.


Interested parties have their attention drawn to the following amendments:

Lot 11 – Cottages 1 & 2, Cameron Bridge, Standing Stane Road, Windygates – The Special Conditions of Sale are as follows:
The Purchaser acknowledges and confirms that the Sellers and their successors as heritable proprietors of the adjoining Cameron Hospital, Windygates, Leven, Fife, (“the Benefited Property”) shall impose the following burdens and servitudes upon the subjects of sale, Cottages 1 & 2, Cameron Bridge, Cameron Hospital, Windygates, Leven, Fife, (“the Burdened Property”) as follows:-

1. The Burdened Property shall be used solely for the purpose of no more than two private residential properties of no more than two storeys in height, with garden ground.
2. There are reserved to the proprietors of the Benefited Property servitude rights to lay, maintain, use, repair and renew all sewers, drains, soil, water, gas, electricity, telecommunications and other pipes, mains and cables currently located in, on or under the Burdened Property with all necessary rights of access subject to the proprietors of the Benefited Property making good any damage to the Burdened Property as a result of the exercise of such rights.
3. The proprietors of the Burdened Property shall require to disconnect any water, sewerage, gas, electricity, telecommunications or any other services (“Services”) which currently serve the Burdened Property from any larger network(s) which currently serve the Benefited Property within six months from the Date of Entry and that at the sole expense of the proprietors of the Burdened Property and all to the satisfaction of the proprietors of the Benefited Property. Before carrying out the disconnection of the Services, the proprietors of the Burdened Property will provide the proprietors of the Benefited Property with the plans and specifications of the disconnection works for approval and shall not carry out the disconnection works until such approval has been granted and only at such times as prior written notification of at least five working days has been given to the proprietors of the Benefited Property. In the event that the Services are not so disconnected as aforesaid within the said six month period, then the proprietors of the Benefited Property shall be able to arrange for the work of disconnection and the proprietors of the Burdened Property shall then be obliged to make payment to the proprietors of the Benefited Property of the whole cost thereof within seven days of receipt of a written invoice with interest at 2% above the rate from time to time of the Bank of Scotland’s Base Lending Rate. The proprietors of the Burdened Property shall pay to the owners of the Benefited Property the cost of all Services used by the proprietors of the Burdened Property from the Date of Entry.
4. All boundary features surrounding the Burdened Property shall be maintained in good order and condition at all times at the sole expense of the proprietors of the Burdened Property. The proprietors of the Burdened Property shall erect on the Burdened Property, within six months of the Date of Entry, a 1.8 metre post and slotted panel fence on all of the boundaries other than those which already comprise a stone wall. All of the walls and the fences will be situated wholly in the Burdened Property.
5. The proprietors of the Burdened Property will enjoy a non-exclusive heritable and irredeemable right of pedestrian and vehicular access across the area shown marked light blue on the plan (“the Servitude Area”). The proprietors of the Burdened Property will require to construct at their sole cost a hard-standing surface on the Servitude Area (“the Works”) within twelve months of the Date of Entry. The proprietors of the Burdened Property will require to submit plans and specifications of the Works for approval by the proprietors of the Benefited Property, prior to commencing the Works. The proprietors of the Burdened Property will require to obtain all statutory and other consents for the Works. The proprietors of the Burdened Property shall indemnify the proprietors of the Benefited Property from all claims, actions, losses or liabilities arising from the exercise of the foregoing servitude rights. The proprietors of the Burdened Property shall exercise the foregoing rights so as to cause the least reasonably practicable inconvenience to the proprietors of the Benefited Property. The proprietors of the Burdened Property shall contribute towards the cost of maintaining and repairing the hard-standing surface in good condition and repair on the basis of use.

Lot 12 – Newton Farm Steading & Stables, Lochgelly, KY5 9HA - The subjects of sale include an area of pasture/grazing extending to approximately 1 acre situated opposite the entrance to the steading and stables. A plan indicating the extent of the ground and its exact location is available form the Vendor’s solicitors.

Lot 24 – Muirmill Equestrian Centre, Symington, Nr Ayr - The sellers solicitors are Burness LLP, 50 Lothian Road, Edinburgh, EH3 9WJ, Tel: 0131 473 6000 (David A Gifford) and not as stated in the brochure.

Lot 25 - Carriston Reservoirs, By Star, Glenrothes – With reference to Carriston Lower Reservoir, interested parties are reminded that as stated in the brochure, it is our understanding that the sporting and fishing rights are not included in the sale. More specifically and for the sake of clarification, it is our understanding that the exclusive right of fishing, boating, skating, curling and sporting generally are retained by a third party and do not form part of the subjects of sale. However potential bidders are reminded to seek their own legal and other professional advice concerning the title for the property, the auction contract and the provisions of the Reservoirs Act 1975.

It is understood that the footprint of Carriston Lower Reservoir is covered by a Site of Special Scientific Interest (SSSI) and not Carriston Upper Reservoir as stated in the brochure.

Lot 28 – Newfield Place, Rouken Glen, Glasgow – The joint agents details are Eric Forgie at James Barr Limited, 226 West George Street, Glasgow, G2 2LN, Tel: 0141 300 8000 and not as stated in the brochure.

 

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