Land Registry Removing a restriction

Land_Registry

Rob_2523 wrote: »

I just bought a house and it came with the land next to it but it has a few restrictions the top 2 being.
1. The transferee will not at any time hereafter use or occupy the property or any part or parts there of or permit or suffer the same to be used or occupied for any purpose other than for private garden land.

2. The transferee shall not at any time erect place or lay any building structure or works on or in the property or any part or parts there of.

Do they mean I can't put a concrete sectional garage on that land? Since its my private garden I just want to make sure I can put the concrete sectional garage in it with no comebacks.

Or would I need to contact the local council or/and the land registry?

Thanks in advance for any help

Sorry for asking the question in someone else's thread.

Rob

This appears to be a restrictive covenant rather than a restriction. As such it has been imposed for the benefit of other land so you'd need to read the whole document and the covenanting Clause + definitions to understand which land has the benefit.

I'd also recommend getting legal advice as to the risks of breaching such a covenant if a sectional garage is considered to be a 'building structure or works'. The deed may not define either so it's important to understand how such terms might be interpreted in law.

We provide the information. We can't give you legal advice on how to consider it or act upon it. So no need to contact us.

The local authority planning regulations may impact on any building you want to do but that woukd not be relevant to these covenants. Their regulations are a separate matter altogether

Amy1891

I've not really engaged in forums before but felt the need to say a HUGE thank you to this forum for all their help I received via reading the discussions!
I was able to successfully remove a restriction A without paying the extortionate solicitors fees by following the advice from members and LR reps.
I saved myself thousands in fees by simply completing RX3 and two ST5, without need for ID1 or any other documents.
I did do some research on translating what I was saying in layman terms into using the legal terminologies to fill in the forms and all I can say is it was so worth it!
Thank you MSE forum....and of course Google!

MKhaffaf

Hello Land Registry,
I posted few months ago regarding the purchase of the freehold of our leasehold house. When we applied to the Land Registry, there was a restriction put on by the former landlord and we were given a date by which we need to comply with the restriction in order to register the freehold title under our name. Unfortunately the date passed and recently only we had the completed RX4 by the beneficiary (landlord) and re-submitted with the TP1 and AP1 forms to transfer the freehold register. My understanding that Land Registry could take about 7 days to register the transfer if all documents OK. Could you please advise if that is the case, or how long the Land Registry would take to register the title, considering that when we initially applied (when we didn't know that there was a restriction on the disposition), it took about 4 months to receive a letter stating that the Land Registry is unable to register the title transfer due to restriction, which has been withdrawn now via RX4. Many thanks.

Land_Registry

MKhaffaf wrote: »

Hello Land Registry,
I posted few months ago regarding the purchase of the freehold of our leasehold house. When we applied to the Land Registry, there was a restriction put on by the former landlord and we were given a date by which we need to comply with the restriction in order to register the freehold title under our name. Unfortunately the date passed and recently only we had the completed RX4 by the beneficiary (landlord) and re-submitted with the TP1 and AP1 forms to transfer the freehold register. My understanding that Land Registry could take about 7 days to register the transfer if all documents OK. Could you please advise if that is the case, or how long the Land Registry would take to register the title, considering that when we initially applied (when we didn't know that there was a restriction on the disposition), it took about 4 months to receive a letter stating that the Land Registry is unable to register the title transfer due to restriction, which has been withdrawn now via RX4. Many thanks.

If it's a TP1 then you are again looking at a few months before it's considered. That's the wait time between receipt and consideration due to a backlog of this type of work

If it's all in order when it's considered then it's registered same day so no letter like last time

Piper008

Hi, My wife and I are looking at re-mortgaging our property to get a better rate. We are part of the way through when the Mortgage companies solicitor advised us that we have 2 restrictions on the property
(18.03.2008) with Black Horse Finance, who we have contacted and have advised that they have no records of this and will contact the Land Registry to get this removed.
(13.01.2009) with CL Finance Ltd, I have tried to contact this company but the company was dissolved in October 2019, we were just wondering what our next steps would be, do we fill in a RX3 form with all the details we have which isn't much. Any suggestions would be greatly appreciated

Tharvey10

Good afternoon, my father is in the process of renting out his house to a child’s nursery, however there is a restrictive covenant on the property ( dating back to 1975 ) stating that it cannot be used as a business, the person wishing to rent the property already has a nursery adjacent to my fathers house. The application was made to the council for planning permission for some minor alterations, which has come back ok. My questions are, can the restrictions be lifted and if so how. How much will it cost and how long does it take.
Thanking you in advance
Tony