Where to get old transfer documents containing restrictive covenants? Not held in land registry.

user1168934

************* Updated question *************

Many thanks to everyone for all your help so far. I have yet one more problem that needs sorting.

The land registry title specifies in the charges register that:

"A transfer of land ........... blah ..... blah .................................. contains restrictive covenants.

NOTE: No copy held by HM Land Registry."

The previous title I saw had "NOTE: Copy in Certificate." but the one the seller's solicitor sent this morning says no copy held. (I am confused but then what do I know)

Obviously, I would like to know what these restrictive covenants are before I buy. I would also like to see what else is in there. When I asked the seller's solicitor to get my solicitor a copy of the transfer they basically said that the copy is not held by the land registry.

What should I do now?

Is it OK to buy a property before checking the restrictive covenants? In a few years when I sell it will the buyer not ask for the same?

Is it not seller's responsibility to provide a copy? Where can a copy be obtained from if it is not held by the land registry?

We are racing to meet the June deadline. I would like to understand a bit more about it so I can make an informed decision.

FYI - the transfer was some time in 1996 if that helps.

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************* Original Question ************

I am in the process of buying an ex-council freehold house. After reading other posts I was expecting some document that contains detailed information on things like the restrictive covenants, boundaries of the house, what side of the fence I have to maintain and other details like that. Generally people seem to refer to them as "deed" of the house but when I asked for deed from my lawyer he simply sent the land registry tile & title plan. They are simple 1 page documents showing who owns it and a map of the area showing position of the house. Neither of these contain the details I have mentioned. I am particularly mindful of restrictive covenants especially because this is an ex-council property and I have been told by friends to especially check for these.

Lawyers are not being very helpful. Can someone kindly help me what document contains these details so I can clearly ask for it?

daveyjp

The land registration document is the deeds.  If the documents make no mention of boundaries fences etc there are no specifics on these matters registered.

princeofpounds

When people are talking about the title deeds, they are normally referring to these two documents:

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/resources/example_register.pdf
https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/resources/example_title_plan.pdf

Found here:

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do?_ga=2.19191729.821972716.1622797112-515647495.1610036541

As you can see, it is normally more than one page, it can be a long document, but not necessarily.

Not all documents are necessarily included in full in the title register - a classic example is if a property is leasehold, the lease document may be on file but it has to be applied for separately to a web search. The title register will say if that is the situation (it will say something like 'copy filed' or 'copy in certificate'). You can get hold of that with the OC2 form, it's a little bit more money but not much. This is explained in the sample I linked to.

TBagpuss

Normally they would be on the office copies - they would typically say something like "The conveyance between A Council and B Smith dated xxx contains restrictive covenants" and then set out the relevant part of that conveyance".

They are in part B - Proprietorship Register or Part C - Charges Register

So it may be that in this particular instance there aren't any restrictive covenants. Boundaries are as shown on the plan.

Who is responsible for fences isn't normally included in this kind of document but when the sellers fill out their property information forms they answer questions saying which boundaries they believe they are responsible for and which (if any) they have actually maintained. 

user1168934

Thanks guys. I have now found a bit in the charges section in the title which says the following:

"blah blah ......... contains restrictive covenants.
NOTE: Copy in Certificate."

Does that mean it is contained in a different document (some kind of certificate?). Where do I find this certificate?

user1977

user1168934 said:

Where do I find this certificate?

Your solicitor will have a copy (or will do soon), so just ask them. I would expect them to report to you on any points you ought to be aware of, it's probable they just haven't reached that stage yet.

user1168934

user1977 said:

user1168934 said:

Where do I find this certificate?

Your solicitor will have a copy (or will do soon), so just ask them. I would expect them to report to you on any points you ought to be aware of, it's probable they just haven't reached that stage yet.

You would think so, wouldnt you? But lawyers are not helpful at all. They just send a one line email and then sit on it. It has been three months and nothing has been done. Now I am the one doing all the chasing. Absolutely awful experince from both side lawyers.

My lawyer actually told me we are ready to exchange. When I asked what about restrictive covenants then he realised he has not seen the documents and a few other things.

user1168934

Many thanks to everyone for all your help so far. I have yet one more problem that needs sorting.

The land registry title specifies in the charges register that:

"A transfer of land ........... blah ..... blah .................................. contains restrictive covenants.

NOTE: No copy held by HM Land Registry."

The previous title I saw had "NOTE: Copy in Certificate." but the one the seller's solicitor sent this morning says no copy held. (I am confused but then what do I know)

Obviously, I would like to know what these restrictive covenants are before I buy. I would also like to see what else is in there. When I asked the seller's solicitor to get my solicitor a copy of the transfer they basically said that the copy is not held by the land registry.

What should I do now?

Is it OK to buy a property before checking the restrictive covenants? In a few years when I sell it will the buyer not ask for the same?

Is it not seller's responsibility to provide a copy? Where can a copy be obtained from if it is not held by the land registry?

We are racing to meet the June deadline. I would like to understand a bit more about it so I can make an informed decision.

FYI - the transfer was some time in 1996 if that helps.