Covenants

Torkijo

Hi

I have searched through the forums but cant find the answer, we are trying to find out what the covenant on our house contains, we bought it 10 years ago and shamefully i never read the deeds in detail. having just done so they say there is a Covenant in place between the original purchaser and a company called Rotheroe Developments (Who are now dissolved).

The register says a copy is in the certificate - we have land plans dating back 50 years before the property was built but we cant see any covenant in the certificate. Does anyone know where i might find a copy?

Also, who is able to enforce the covenant is the Development company has dissolved?

G_M

"...in the certificate." What certificate?

The covenant may be (probobly is) included in a Conveyance or Deed dated when the property eas built.

The Land Registry may hold it, or a copy. Ask them. Or the solicitors you used (if you used) when you bought. Possibly the bank (if you have a mortgage - though this is less likely nowadays). Maybe even the people you bought from (unlikely....)

The covenant may be enforcible by the successors in title to the Dev Co. Or the Crown.

But depending what the covenant says (do you know?) no one may be in the least bit interested!

Land_Registry

Torkijo wrote: »

The register says a copy is in the certificate - we have land plans dating back 50 years before the property was built but we cant see any covenant in the certificate. Does anyone know where i might find a copy?

Also, who is able to enforce the covenant is the Development company has dissolved?

In the past a copy of the registered title would have been issued as a Land (unmortgaged) or Charge (mortgaged) Certificate. The certificate would have contained a copy of the document as mentioned i.e. a note added to the entry stating 'Copy in Certificate'. Such certificates were often referred to as the deeds for a registered property in England & Wales.

If such an entry and note exists then we should have a copy of the covenants held electronically - you can apply for a copy by post for a fee - see our online FAQ

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 (or company) and therefore "runs with the land". This means that the covenant continues even when the buyer sells the land on to another person. Restrictive covenants can continue to have effect even though they may have been made many years ago and appear to be obsolete.

As G_M mentions though the main question, after establishing what the covenants are and who has the benefit of them, is whether anyone has the appetite for enforcement. That is something Land Registry cannot advise upon and we would always recommend legal advice.

Torkijo

Thanks, thats the main thing as i have the wording as you describe 'Copy in Certificate' and i have the land registry certificate, but there is no mention of the covenant.

Would next door, which was built at the same time by the same people, have the same covenant?

Land_Registry

Torkijo wrote: »

Thanks, thats the main thing as i have the wording as you describe 'Copy in Certificate' and i have the land registry certificate, but there is no mention of the covenant.

Would next door, which was built at the same time by the same people, have the same covenant?

If you have the actual Land Certificate then I would expect the deed/document to be included.
Are you sure that you have the actual certificate or do you simply have a copy of the land register? (The register is a series of entries divided into A, B and C registers).

If next door was built at the same time and by the same people then it is likely that they would have the same covenants but the only way to be certain would be to check. However it is likely that their title would also only refer to the deed/document as being Copy in Certificate or similar. As there is a fee for checking it might be easier to confirm the certificate aspect first.

Richard_Webster

If the Land Registry entries say that the property is subject to restrictive covenants contained in a conveyance dated XX made between YY and ZZ then it should be possible for a small fee to obtain a copy of that conveyance from the Land Registry.

The covenants may be enforceable by others as well as the original developer, but unless you really wind the neighbours up with some anti-social behaviour so that they look for ways of getting at you, it is rare for this to happen. If there is a covenant that says that you cannot do something (e.g. build an extension) without Rotheroe's consent then that covenant is unenforceable now.

Torkijo

Managed to borrow next doors copy and its interesting reading, (copied word for word including the typo and lack of comma's):

'(h) not to use or permit ot be used the part of the premises in front of the building line or any estate roadway for the parking of motor cycles motor cars trailers caravans or vehicles of any description'

|Given EVERY drive is in front of the building line i suppose every single house on the road is breaking covenant!

Land_Registry

Is that the building line defined in the deed?

The building line is usually shown on the deed plan and it is a line beyond which owners should not usually build. Using it to restrict parking is not it's most common use as by definition it relates to building.

Torkijo

We assumed it, only thing marked on plan is the outline of the whole property including garden and drive so it its that its saying we cant park on the street or pavement?

HARSA

Land_Registry_representative wrote: »

In the past a copy of the registered title would have been issued as a Land (unmortgaged) or Charge (mortgaged) Certificate. The certificate would have contained a copy of the document as mentioned i.e. a note added to the entry stating 'Copy in Certificate'. Such certificates were often referred to as the deeds for a registered property in England & Wales.

If such an entry and note exists then we should have a copy of the covenants held electronically - you can apply for a copy by post for a fee - see our online FAQ

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 (or company) and therefore "runs with the land". This means that the covenant continues even when the buyer sells the land on to another person. Restrictive covenants can continue to have effect even though they may have been made many years ago and appear to be obsolete.

As G_M mentions though the main question, after establishing what the covenants are and who has the benefit of them, is whether anyone has the appetite for enforcement. That is something Land Registry cannot advise upon and we would always recommend legal advice.

Hi land reg,

You mentioned that the covenant stands evenif the purchaser had sold to others

What about the original vendor if:

A) they have passed away
if the original adjoining property that the vendor was protecting have since sold down on three occasion and the covenant is not mentioned on the land registry document of the adjoining property

Thanks

nomoneytoday

IANAL, but that sounds like a standard developer trying to keep the existing sold properties looking good, until the rest of the estate is sold.

Once they've sold the last one, the parking, picket fences and so on are usually uncontested