completetion of registration document

keyboard

hi all

I recieved a completion of registration document today having recently purchased a house and on the document, there is a section entitled 'Charges register'... it goes on to say that a conveyance dated around early 1900 made between three people contains restrictive covenenants... but neither the original deed nor certifed copy or exmained abstract thereof was produced on first regsitration.


Any ideas what this means ?

Do i need to do anything about it

keyboard

shamelessly bumping up the post......

Flat_Eric

I would ask your solicitor that did the purchase for you. It sounds like when the property was first registered that Conveyance containing those restrictive covenants was missing so you could try ringing your local Land Registry but I would imagine they will not have a copy.

Have you received any other title deeds ? Where there is a missing deed which contains covenants, sometimes an indemnity policy gets taken out against any breaches of what those covenants might say but given that the Conveyance is from the year dot then this might not have been deemed necessary.

Your solicitor who investigated the title prior to your purchase will be the best one to ask however.

this only applies to england and wales

silvercar

I would guess that it was made between the original landowner, the original builder and the first buyer of the property. Being that there is no longer the actual deed around and that the heirs of the 3 individuals are highly unlikely to knock on your front door with a copy of one, the risk is only theoretical. If any of them did reappear they would have to prove they are suffering a loss by you not complying, not just that the covenant is in force.

This was my understanding of what my solicitor explained to me.

keyboard

many thanks for your replies, yes it did happen a long time ago, but im owrried that that the respective peoples familes might have claim

Richard_Webster

keyboard wrote: »

many thanks for your replies, yes it did happen a long time ago, but im owrried that that the respective peoples familes might have claim

This is theoretically right but the practical answers are contained in the posts from Flat Eric and Silvercar.

The problem is that because of the way the CML Handbook is worded, most solicitors would take the view that a Missing Details Indemnity Policy should have been required. So your solicitor should have either made it a condition that one was obtained by the seller, or at the very least explained that this point would come up when you sold and you might have to pay for one then.

A lot of the time old pre-registration deeds have not been kept with the pack of documents but there is just the slight chance that the deed itself is sat there amongst the papers and what happened is that the solicitors forgot to register it when the title was first registered some years ago!