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Can I have covenants on my house that I am not aware of?

ChequeBookGerry
ChequeBookGerry Posts: 19
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edited 29 January at 2:44PM in House buying, renting & selling
Hi,

This is an odd question I know...  I have the end terrace in a row of three, that I bought in October 2023.  I have the full, detailed, original title/conveveyance document/plans for my property and in there are various covenants which say allow me to access any unbuilt on adjoining land for the specific puroposes of pipe inspection, decorating my adjoining wall, etc. with 48 hours notice given to the neighbour.  All fine.  I recently met my neighbour, who rents out the next cottage and doesn't live in it, who was adamant that she has a general right of access across my land to come and go as she pleases (and I mean my enclosed back garden).  So, my questions are: 1) is it possible for her deeds to contain that right without being in mine? I would not have thought so.  2) I have done a a search at the Land Registry for her deeds, but there is only a summary filed which mentions covenants, but not what exactly they are.  Is there some local/central source where they may be?  By the way, I have no problem at all with the (rental) neighbours dragging thier wheelie bins or bikes across my garden path (with no notice) as they'd have to take them through their house, which would be messy, but my problem is that she has built a dividing fence with dog-leg round the wheelie bins, with a gate in it, for access to my garden, i.e. there is a long fence that then goes round her bins (like a P shape) which open on my side with the gate on hers.  This means that I have to look at her bins on my side and she does not!  I think she is taking the mickey a bit so if I am sure that she has no right of access, I can get her to move the gate into the main fence (which I will happily do for her).  Many thanks.

Comments

  • FreeBear
    FreeBear Posts: 14,230
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    ChequeBookGerry said:  there is a long fence that then goes round her bins (like a P shape) which open on my side with the gate on hers.  This means that I have to look at her bins on my side and she does not!
    Put a fence up your side to hide the bins. She will get upset once she finds the fence has to be removed her side to get to the bins, but that is the price for taking the proverbial. Won't do anything for neighbourly relations though. And no, the covenant you quote only extends as far as providing access for maintenance & repairs, not unfettered right to roam.

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  • doodling
    doodling Posts: 933
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    Hi,

    When looking at rights of way you need to consider the history of the land and the deeds of all adjoining land.

    The downloadable title from the land registry will identify if there are additional documents on file, if there are then you need to fill in a form (I believe on paper and post it) for copies.

    It is also worth looking at old maps, in general, if a right of way existed in the past then it will still exist now, even if it has been built on, unless it was formally extinguished by agreement of all those who have the benefit of it.
  • propertyrental
    propertyrental Posts: 2,169
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    As doodling says, the Lsnd Reg Title will refer briefly to other documents (conveyances, deeds) which could have rights/obligations listed.

    These are usually (not always) held by the LR. If they are, the LR Title will say something like 'in a conveyance dated xx/xx/xxxx certain rights are grated. Copy filed'.

    The 'copy filed means the LR has a copy. You can apply for the copy using form OC2 (7).




  • theartfullodger
    theartfullodger Posts: 14,354
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    Contact landlord of her property (address probably off her deeds, £3 online in 5 minutes) and ask his view - but avoid getting involved in any argument between her & landlord.


  • As doodling says, the Lsnd Reg Title will refer briefly to other documents (conveyances, deeds) which could have rights/obligations listed.

    These are usually (not always) held by the LR. If they are, the LR Title will say something like 'in a conveyance dated xx/xx/xxxx certain rights are grated. Copy filed'.

    The 'copy filed means the LR has a copy. You can apply for the copy using form OC2 (7).




    Most helpful.  Thanks.
  • doodling said:
    Hi,

    When looking at rights of way you need to consider the history of the land and the deeds of all adjoining land.

    The downloadable title from the land registry will identify if there are additional documents on file, if there are then you need to fill in a form (I believe on paper and post it) for copies.

    It is also worth looking at old maps, in general, if a right of way existed in the past then it will still exist now, even if it has been built on, unless it was formally extinguished by agreement of all those who have the benefit of it.
    Thanks.  There is no general right of way across my land, just one that runs parallel to my boundary.
  • Land_Registry
    Land_Registry Posts: 5,738
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    Hi,

    This is an odd question I know...  I have the end terrace in a row of three, that I bought in October 2023.  I have the full, detailed, original title/conveveyance document/plans for my property and in there are various covenants which say allow me to access any unbuilt on adjoining land for the specific puroposes of pipe inspection, decorating my adjoining wall, etc. with 48 hours notice given to the neighbour.  All fine.  I recently met my neighbour, who rents out the next cottage and doesn't live in it, who was adamant that she has a general right of access across my land to come and go as she pleases (and I mean my enclosed back garden).  So, my questions are: 1) is it possible for her deeds to contain that right without being in mine? I would not have thought so.  2) I have done a a search at the Land Registry for her deeds, but there is only a summary filed which mentions covenants, but not what exactly they are.  Is there some local/central source where they may be?  By the way, I have no problem at all with the (rental) neighbours dragging thier wheelie bins or bikes across my garden path (with no notice) as they'd have to take them through their house, which would be messy, but my problem is that she has built a dividing fence with dog-leg round the wheelie bins, with a gate in it, for access to my garden, i.e. there is a long fence that then goes round her bins (like a P shape) which open on my side with the gate on hers.  This means that I have to look at her bins on my side and she does not!  I think she is taking the mickey a bit so if I am sure that she has no right of access, I can get her to move the gate into the main fence (which I will happily do for her).  Many thanks.
    It’s usually easements (rights) that allow you access. Covenants tend to be things you should (personal covenants) or can’t do (restrictive) 
    1) Yes if the rights are very old. If they were granted/reserved or in last 20 years then no if guaranteed as they’d have to appear on both. 
    Older registered or claimed rights might appear on one title only 
    2) Registers refer to rights and covenants, if they are registered. Often deeds containing them will be referred to as ‘filed’ and you can apply by post for copies. Deeds with shorter extracts are often set out on the register. 
    I’d suggest checking both title plans to see who owns what; check the registered information inc any filed deeds; and/or ask her to provide evidence re her claims re access etc. 
    Some rights evolve over time (20 years) and can be claimed but it’s possible the arrangement existed before you bought but then again your seller would probably have included it in their own particulars of sale for example. 
    All about gathering and sharing information and understanding and if things don’t ‘fit’ what you each think work out what’s needed to formalise it from there. 
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