Buying a Probate property - getting sight of covenants etc.

newsgroupmonkey_

We're looking at all kinds of properties at the moment, but a lot of bungalows for sale are probate (for obvious reasons).

Downloaded a couple of Title Registers which often talk about covenants but are broadly vague about the charges register.

As an example, looking at more than 1 property that has an "open" front. We know that some of these are written in covenants, but quite often the executors will have absolutely no idea what they are or what is in the deeds.

Is the only way of seeing these approaching the vendors and getting solicitors involved?

canaldumidi

No.

A covenant mentioned in the LR Title is usually sourced from a sepaparate document (Conveyance or Deed) which the LR references. If the LR Title also says "copy filed" or similar it means they hold a copy which can be purchased by post using form OC2 (£6)

Slithery

You can possibly pay £7 to LR and they'll post you a copy, but only if they have one on file which may not be the case.

canaldumidi

Slithery said:

You can possibly pay £7 to LR and they'll post you a copy, but only if they have one on file which may not be the case.

My mistake. Yes it's £7.

https://www.gov.uk/guidance/hm-land-registry-information-services-fees

newsgroupmonkey_

Thank you both. Proper helpful.

For one of these it says.....

"The land has the benefit of the rights granted by but is subject to the
rights reserved by the Transfer dated blah blah referred to in the
Charges Register."

So it sounds like LR do have these?

GoogleMeNow

newsgroupmonkey_ said:

Thank you both. Proper helpful.

For one of these it says.....

"The land has the benefit of the rights granted by but is subject to the
rights reserved by the Transfer dated blah blah referred to in the
Charges Register."

So it sounds like LR do have these?

Yes if it says 'copy filed'

badger09

newsgroupmonkey_ said:

We're looking at all kinds of properties at the moment, but a lot of bungalows for sale are probate (for obvious reasons).

Downloaded a couple of Title Registers which often talk about covenants but are broadly vague about the charges register.

As an example, looking at more than 1 property that has an "open" front. We know that some of these are written in covenants, but quite often the executors will have absolutely no idea what they are or what is in the deeds.

Is the only way of seeing these approaching the vendors and getting solicitors involved?

Surely the situation with a Probate property is no different to a non Probate sale in this respect? IE you usually have to approach vendors/solicitors or download documents from LR to find out about covenants and charges.