Covenants and TP1

peweuk

When we bought our house 3 years ago because of communal gardens all property owners on the estate are required to be part of a management Company to which we have to pay an annual fee to cover its costs (garden maintenance, public liability insurance for the common gardens area etc).

Having recently looked at the Register of Title for our house there is a Restriction clause which reads:

RESTRICTION: No disposition is to be registered without a certificate signed by XYZ Management Company that the provisions of Clause 1 of the Sub-Part entitled Restriction on Dispositions of the Transfer dated 5th October 2107 referred to in the Charges Register have been complied with.

The only document I can find that has a section Restriction on Dispositions is a draft of a document called TP1 supplied as part of the Solicitors Legal Report prior to completion. This listed a number of covenants on the part of the Developer during the build period for the whole estate, as well as covenants placed on us with no mention of time limits, for example - not to build extensions or conservatories without written permission from the management company, to pay the annual fee etc

There was space for our signatures as well as those of the Developer and the Management Company.at the end of the TP1 and I assume that we signed a copy of this prior to completion  but have no record of ever receiving any signed copy.

The Management Company has no copies of a signed TP1, we have no copies, and the solicitor acting at the time of purchase has no copies - so where would I find them, more importantly, if we decide to sell the property, where would the buyers solicitor find them? Do the Land Registry have a separate register of documents no listed as part of those available on their web site.

L_T_88

There are two Land Registry portals, Find a Property (for general public) and Business eServices (for Conveyancers), which have you checked?
Find a Property is limited in terms of  the range of documents you can request, whereas eServices should (in theory) have anything which has been lodged.

Edit- if you're happy to send me the title number I can check eServices and let you know if it's there for access for a future sale.

greatcrested

If the LR hold the TP1 you can request a paper copy by post for £6.

Fill in the deeds request form using the property’s title number from the title register.

peweuk

L_T_88 said:

There are two Land Registry portals, Find a Property (for general public) and Business eServices (for Conveyancers), which have you checked?
Find a Property is limited in terms of  the range of documents you can request, whereas eServices should (in theory) have anything which has been lodged.

Edit- if you're happy to send me the title number I can check eServices and let you know if it's there for access for a future sale.

I was checking the Public service.

I have sent you the Title number and would be interested in what other documents they have.

Land_Registry

The register will refer to the Transfer (TP1) as being ‘filed’. If you need a copy then you can apply by post as stated. Th3 cost is actually £7.
Both your conveyancer and that of the buyer are likely to use their secure portal to obtain a copy