Restrictive Covenants and missing Transfer

moog1973

Hello

I am in the closing stages of buying a property however I have just received the Register of Title in which it states that a transfer of land in this title dated 1984 contains restrictive covenants. My solicitor has requested a copy of the 1984 Transfer from the vendor's solicitors but we have been told that this document is missing.

The real problem is that I was hoping to put an extension on the side of the house and am now worried that these covenants may prevent me doing so. But without being able to see the original wording as the Transfer appears to be missing, I am unsure whether to proceed with the sale.

I had thought of applying to Land Registry for the 1984 Transfer, but I assume the vendor's solicitor would have already done this.

If the 1984 Transfer is really missing would this mean that any covenants could not be enforced?

Any advice or info would be greatly appreciated.

G_M

For the sake of a phonecall to the LR, why not ask?

If it is 'missing', yes it could still be enforced if the other party to the Transfer (or their descendants in title) who have the benefit of the covenant have a copy....

Dolly_N

I think you can ask your solicitor to take out a Restrictive Covenant Indemnity Policy to protect you.

Richard_Webster

Seller's solicitor should arrange a restricitve covenant indmenity policy.

In the unlikely event that the 1984 transfer was nevcer rpiodcued to the Land Registry on firts regsitration there isn't much more that cna be done. If it was a produced and the Land Registry lost it (the scanning compnaies used for scanning them when everything went electrnic lost a few) then the LR should pay for the policy.

Also, if it is a standard builder's transfer, then getting a copy of a simialr transfer for a neighbouring property will tell you the likely contents of the missing transfer.