Title Deeds advice

marty5787

Hi all,

I hope someone can help i have got the deeds for the house I am wanting to buy but there is a section at the bottom that reads:

(14.05.2001) The deeds and documents of title having been lost the land is subject to such restrictive covenants as may have been imposed thereon before 28 August 1966 and are still subsisting and capable of being enforced.

I am right in thinking that it is possible for someone to lawfully claim the land and house if it is proved it was in their family before 1966? If so can i insure myself against this happening? We both love this house and want it to be our "forever house" and dont want to waste a lot of money only for someone to come along and claim it.

Many thanks in advance

marty

mjdh1957

Restrictive covenants don't mean that someone can take your land.

Is the property registered at the Land Registry? Deeds are pretty well obsolete nowadays unless the property is unregistered.

G_M

No.

A covenant would be an agreement between, say, the person who originally sold the landand the original buyer.

It typically binds future owners too.

Usually it is a restriction on building addtionally on the land, or keeping the heges below a certain heigth.

If nothing has been enforced since 1966, I wouldnotworry too much.

marty5787

Many thanks for your answers, i am sure my solicitor will be all over it i just wanted to get a general opinion as the boss (wife) is giving me grief

G_M

marty5787 wrote: »

Many thanks for your answers, i am sure my solicitor will be all over it i just wanted to get a general opinion as the boss (wife) is giving me grief

PLEASE. Don't fall for this post-feminist carp!

(have you seen TV ads recently..?)

Richard_Webster

From the wording given the title is registered.

If the title is registered "Absolute" then there is no issue at all about the land being taken from you. If only "Possessory" then then seller needs to get it upgraded first. In most cases after this sort of period this will be a formality.

The point about the covenants is that they could still be enforced - their age isn't the issue but the length of any breach. So if there was a covenant against extensions being built, a 20+ year old extension would be immune but a new one wouldn't, and a restrictive covenant indemnity policy would be needed as protection.