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Restrictive covenant
Comments
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I have requested the surplus title deeds from the solictor which im hoping will shed more light on the covenant details0
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If the solicitor is away and unable to provide a copy of the Transfer, why not follow the Land Reg Rep's advice above and apply to the LR for a copy....?0
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If the solicitor is away and unable to provide a copy of the Transfer, why not follow the Land Reg Rep's advice above and apply to the LR for a copy....?
Yup i've requested the surplus deeds from my solicitor and they will be available friday. In the meantime im going to fill in the form as advised by the land registry above so that either way ill have copy by next week.0 -
As Richard Webster correctly states the key bit to consider here is the 'covenanting clause' i.e. the part which seeks to explain who the covenants are being made with and as such with what land (title) the benefit then passes.
In the majority of cases where a developer imposes covenants on each plot sale the covenants are made with the Vendor (developer) and their successors in title i.e. the owners of the land/title out of which the plots have been sold.
It is essential to understand that a restrictive covenant is a promise by one person to another, (such as a buyer of land and a seller) not to do certain things with land/property. It binds the land and not an individual person and therefore "runs with the land". This means that the covenant continues even when the buyer sells the land on to another person.
In this case if the developer still owns land in the original title but the company has been dissolved then that may simply remove them from the equation as far as enforcement of the covenant is concerned. The benefit though may remain with the other land (plot) owners as suggested by other posters.
And as they suggest enforcement of such covenants is not part of the local authority's remit nor that of the Land Registry. Enforcement would be a matter for the courts should someone seek to take action against you.“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0
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