Restricted Covenant - time taken for LR to respond

Mason

Just as it looked as though all enquiries had been satisfied in a house sale chain of 5 my solicitor appears to have failed to act on a restricted covenant. They have then said they raised a restricted covenant request with Land Registry 2 weeks ago but LR have told them that they didn’t receive the request. So, today they’ve again raised the request. There is a restricted covenant on the property but the details are not on the deeds. The solicitor has said the LR may have the details but equally may not meaning an indemnity policy to arrange. Does anyone know how long it would typically take for the LR to respond? I’m getting frustrated because others in the chain are becoming impatient and threatening to pull out if the sale process goes on much longer. Thanks in advance.

propertyrental

this is on your house sale yes?

What exactly does the LR title say regarding the covenant - please quote.

Once the LR has received the application (request to remove, yes?) which at present seems in doubt, your solicitor can ask the LR to expedite the application as it is holding up a sale.

LR will then usually look at it within days or a week or so.

Assuming it is all in order, they will then act on the request - but that is a huge 'assumption'. LR may request further information, or may refuse the application.

Mason

Thanks for the response. As I understand this, the detail of the RC is not detailed on the deeds and the buyer’s solicitor has enquired of my solicitor to inform them of the detail of the RC. My solicitor has then requested this information from the LR. My solicitor has stated to me that they doubt the LR will find this information which may then lead to an indemnity should something subsequently turn up. This last bit I’m unsure about because I’m not sure you can indemnify against something that isn’t clear. My question is how long does it take following a request for LR to typically respond to this type of request.

loubel

If the Title says that the Land Registry don't have details on the covenant then they won't be able to help. Just offer the indemnity policy.

propertyrental

Mason said:

 My question is how long does it take following a request for LR to typically respond to this type of request.

See above.