Missing transfer deeds detailing restrictive covenants

YorkshirePork

We are FTBs currently progressing (slowly!) through the purchase of a freehold residential property. The property in question was bought by our sellers just over 10yrs ago, at auction, from the local council. Our solicitor has informed us that there are pages missing from the transfer deeds for that purchase and, that these pages list the restrictive covenants on the property. The title deeds held by Land Registry apparently just refer back to the transfer deeds regarding said covenants.

Our solicitor has mentioned an indemnity policy if the full transfer deeds cannot be found but we are a little wary of this approach. We are worried that we will be constantly anxious that we are doing something in breach of the covenants because we don't have a clue what they are! Does anyone have any experience of indemnity policies with regards to restrictive covenants?

Is there anywhere else that might hold a copy of the transfer deed? Who is most likely to have lost these pages...the seller, their previous solicitor, Land Registry?

TIA!

user1977

If it's been lost it's been lost, there's unlikely to be much point going on a wild goose chase for it. When do these covenants date from, and who had the benefit of them? If they were created by the council 10 years ago, that's going to be more relevant than something imposed by, say, a 19th century landowner who has long-disappeared. You might be able to get clues from other nearby properties which may have had similar conditions imposed.

But really, the risk is minuscule, which is why the indemnity insurance costs peanuts. And if you've got insurance, that at least covers the cost of fighting about a breach in the unlikely event of somebody appearing out of the woodwork and thinking it's worth their while kicking up a fuss.

YorkshirePork

Thank you, that's reassuring! As far as we can gather the beneficiary is the council and they were, as you suggest, created by them when the sold the property 10 years ago. If they did want to pursue us for a breach, do you know if we would be facing a legal battle or could we pay them "damages" or would they make us rectify what we had done? I appreciate I'm probably asking the length of a piece of string!

FreeBear

YorkshirePork said: As far as we can gather the beneficiary is the council and they were, as you suggest, created by them when the sold the property 10 years ago.

Have you or your solicitor considered contacting the council and asking for a copy of the missing document ?

They must surely have retained a list of the covenants, else they would be unable to pursue anyone for a breach.

newsgroupmonkey_

Might be worth asking the neighbours if they have a copy of theirs. Whilst clearly, they might be slightly different, they're likely to be similar.

For example, we have all kinds of covenants that the council put on our house in the 1970s - rules about parking commercial vehicles in front of the house, getting their permission for applying for planning and so on. Our neighbours all have the same ones.

user1977

If it was created by the deed from 10 years ago (are you sure about that?) then it seems improbable that nobody involved has a copy. Is there anything unusual about the property or its history which might suggest unusual covenants?