Neighbour claims I have broken the Covenant

G_M

Chris-TT wrote: »

I just ordered the 'Title Register' and it states this:

(25.07.2016) The Transfer to the proprietor contains a covenant to
observe and perform the covenants referred to in the Charges Register
and of indemnity in respect thereof.

I guess I need to get a full copy of the deeds?

What does it say in the Charges Register?

Almost certainly there is a separate document, a 'Transfer', which will contain the full covenant. You need to get hold of and read this.

If the Register you are looking at says it is 'filed' (maybe in the Charges Register?) then that means the Land registry have a copy of it on file.

You can apply to them for a paper copy for £7 here:

https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

karcher

unforeseen wrote: »

Doubt it. Paper deeds are things of the past since it was all computerised. All records will be with the land registry

OK I'm old school and when I bought I was told my mortgage provider keeps the deeds.

Apologies OP...I'm living in a by gone, pre computer age

Out of interest I'm now going to search for my deeds via google and the Land Registry...

comeandgo

Maybe it's not a covenant on your property. Maybe it's a planning condition. In one of our previous propertys we could not have any fencing, all back gardens were open plan, just a wire to show the division between the gardens. It was great, non of these horrid 6feet board fences.

Mojisola

karcher wrote: »

OK I'm old school and when I bought I was told my mortgage provider keeps the deeds.

Apologies OP...I'm living in a by gone, pre computer age

Out of interest I'm now going to search for my deeds via google and the Land Registry...

Unless you have voluntarily registered your house with the LR, it won't be there.

If you haven't, make sure you know where your paper deeds are!

steampowered

Very few properties still have "house deeds", as these are no longer relevant for "registered land".

If the Op bought the property within the past few decades it would need to have been registered. The Op needs to check the land registry.

The only exception to the above would be if the Op's property is leasehold. If there the property is leasehold, full details would not be available from the land registry and the Op would need to check his papers.

steampowered

karcher wrote: »

OK I'm old school and when I bought I was told my mortgage provider keeps the deeds.

Apologies OP...I'm living in a by gone, pre computer age

Out of interest I'm now going to search for my deeds via google and the Land Registry...

Your mortgage lender might well have destroyed the title deeds, as they now have no practical value. Although most would return them.

G_M

karcher wrote: »

OK I'm old school and when I bought I was told my mortgage provider keeps the deeds.

Apologies OP...I'm living in a by gone, pre computer age

Out of interest I'm now going to search for my deeds via google and the Land Registry...

1) If you bought long ago and the Deeds were paper deeds held by the mortgage lender, then either
a) your mortgage lender still has them or
b) you've paid off the mortgage and the lender will have returned the Deeds to you or
c) the deeds have since been registered with the Land Registry if
i) the property has been bought /sold since compulsory registration came in
ii) you've taken out a new mortgage since compulsory registration came in
iii) you voluntarily registered with the LR

2) beware google! There are various commercial websites with similar names who will charge £10, £15 + for the same thing. Go to the government Land Registry website and pay £3 here:

http://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/

Thrugelmir

The covenant was most likely put into place by the builder when the development was built. As they didn't want the appearance to be ruined by fences, sky dishes, caravans etc. While there was still further property to be sold. Now no one cares. Your neighbour cannot force you not to.

mark5

I think the paperwork you need is called a TP1 from when the original owner bought from the developer.

A lot of covenants are usually time lapsed related, some valid 1 year, 2 years, 5 years etc. Others don't expire.

If the neighbour wanted to enforce the covenants they would probably have to pay a solicitor.

Nearly every house in my street is breaking a covenant of some sort, satellite dish, front wall, wrong colour front door, work van parked outside.
In my experience the 2 that really seem to get to people are caravans and motor trade type businesses running from home.

Davesnave

If there's a dropped kerb already that's a major hurdle overcome as you don't need to apply to the Highways Dept in the council for one.

Assuming the covenant turns out to be expired, unenforceable, or unlikely to be enforced, just make sure that your neighbour doesn't have you on a technicality, by ensuring that any extra hardstanding over 5m2 is permeable.