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Defect in title, missing covenants terms
pieroabcd
Posts: 669 Forumite
Hi,
this purchase of mine must be seriously jinxed.
It has emerged that in the 50s the owners agreed to some restrictive covenance, but the terms weren't registered with the Land Registry.
The solicitor has asked the sellers to buy an indemnity for me at their expense. It's not even clear what they would refund me if the terms were too restrictive, because the terms that I've seen are too generic, maybe it's still a draft.
As far as I know covenances are stipulated with the Council, so is there any chance that we can find out the terms with them, or after 70 years all is lost?
Or maybe "don't wake the sleeping dog"?
What are the risks with having such a covenance? The sellers told me that nobody ever asked them to do or pay anything.
this purchase of mine must be seriously jinxed.
It has emerged that in the 50s the owners agreed to some restrictive covenance, but the terms weren't registered with the Land Registry.
The solicitor has asked the sellers to buy an indemnity for me at their expense. It's not even clear what they would refund me if the terms were too restrictive, because the terms that I've seen are too generic, maybe it's still a draft.
As far as I know covenances are stipulated with the Council, so is there any chance that we can find out the terms with them, or after 70 years all is lost?
Or maybe "don't wake the sleeping dog"?
What are the risks with having such a covenance? The sellers told me that nobody ever asked them to do or pay anything.
0
Comments
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"Covenants", not "covenance".
They only involve the council if the council owned the land - did they? I presume the solicitors have already thought about the obvious ways of getting hold of the details, which is why they're resorting to indemnity insurance.
The risks are that somebody crawls out of the woodwork claiming to have the benefit of covenants which have been breached - in which case the insurers would then sort it out, or if they can't do that, pay you for your loss. If it's insurable then the risks are already very small.0 -
Thanks for the correction.user1977 said:"Covenants", not "covenance".
They only involve the council if the council owned the land - did they? I presume the solicitors have already thought about the obvious ways of getting hold of the details, which is why they're resorting to indemnity insurance.
The risks are that somebody crawls out of the woodwork claiming to have the benefit of covenants which have been breached - in which case the insurers would then sort it out, or if they can't do that, pay you for your loss. If it's insurable then the risks are already very small.
The house is freehold, so now the land definitely belongs to the sellers. If before the 50s it belonged to the Council I don't know.
I don't see this information anywhere.
The rest of your reply is relieving :-)
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Be careful! If you approach the council about this and make them aware, it could invalidate any indemnity insurance.pieroabcd said:....
As far as I know covenances are stipulated with the Council, so is there any chance that we can find out the terms with them, or after 70 years all is lost?
Or maybe "don't wake the sleeping dog"?
...
A bit like going to a consultant to see if you have cancer before taking out private health insurance to cover you for cancer.....1 -
I’d suggest not contacting anyone about it without first checking with your solicitor - they will know what will and won’t invalidate the indemnity insurance. Leaving things well alone is probably by far the best course of action!🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
£100k barrier broken 1/4/25SOA CALCULATOR (for DFW newbies): SOA Calculatorshe/her2 -
Thanks! I'll shut up.
My solicitor definitely knows what she's doing.0
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