Ex-council property - transfer copy not held by land registry - where else should I get it from?

user1168934

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

I am in the process of buying an ex-council property. 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."

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.

elsien

Can the seller not go back to the council to ask the question? Didn't they ask when they bought the place? 
It depends in part on how long ago the covenant was, and whether there is still someone around to enforce it.
Parent's house had a covenant to say "no horses and carriages down the drive" which really wasn't an issue. A more recent one to say what you can and can't do in your front garden may be slightly more problematic. 

user1977

It would make more sense just to continue your previous thread about the same thing, rather than start a new one.

https://forums.moneysavingexpert.com/discussion/6272713/ex-council-house-what-document-contains-restrictive-covenants-boundaries-and-fences-to-maintain#latest

user1168934

user1977 said:

It would make more sense just to continue your previous thread about the same thing, rather than start a new one.

https://forums.moneysavingexpert.com/discussion/6272713/ex-council-house-what-document-contains-restrictive-covenants-boundaries-and-fences-to-maintain#latest

Thanks, I will do that.

user1168934

elsien said:

Can the seller not go back to the council to ask the question? Didn't they ask when they bought the place? 
It depends in part on how long ago the covenant was, and whether there is still someone around to enforce it.
Parent's house had a covenant to say "no horses and carriages down the drive" which really wasn't an issue. A more recent one to say what you can and can't do in your front garden may be slightly more problematic. 

I have raised it many times with the seller and basically their lawyer just came with a one line reply this morning that they are not held in the land registry which is no help at all. I don't know much about these things but am I right that I should not be buying this property without looking at the restrictive covenants?

elsien

No idea, because I'm guessing as an ex-council property it's the council who put the covenant on and I don't know what sort of covenants they tend to apply.
Can you approach the council directly to get some sort of answer from them about the covenant. Because if they've put it on, it'll be them doing any enforcement and they can't enforce anything if they don't have a scooby what it is either.

Your other option is to ask the seller to take out indemnity insurance. Not recommending this lot, but it gives a useful overview. 
Restrictive Covenant Legal Indemnity Insurance. (restrictivecovenants.co.uk)
Although note the bit where it says you won't be insured if you do contact the council as the likely covenant holder. So that's the decision that you need to make - try to find out more from the council, or get the insurance against it.  You can't do both.