How to identify beneficiaries in a restricted covenant

softwhite

Hello,

Context

• I have commenced the building journey for two units at the back of my in-laws' land 
• The parent title of the land they own is Lot 1 of 3 that was subdivided by the original seller
• I have discovered that there is a restricted covenant which states:
  
  

All my estate and interest in all that piece of land being lot 1 on plan of subdivision number XXXXXX and being the whole of the land more particularly described in cert of title vol XXX folio XXX and the said BUYER1 and BUYER2 for themselves, their heirs executers administrators and transferees the registered proprietor or proprietors for the time being of the land hereby transferred or any part thereof and with the interest that this covenant shall be annexed to and run at law and in equity with the land and shall be set out as an encumbrance at the foot of the said cert of title to issue hereby and as separate covenants covenant with the said SELLER for himself and his heirs administrators executors and transferees and other the registered proprietor or proprietors for the time being of the land comprised in the said plan of subdivision and every part or parts thereof other than the land hereby transferred that they will not build or construct or erect or cause to be built constructed or erected on the said land any building other than the one private dwelling-house.

My understanding of this

• It appears that the covenant mentions the restriction is for “every part or parts thereof other than the land hereby transferred” – indicating that Lot 1, owned by my inlaws is not restricted by this covenant. Is that merely my understanding?
• I am also wondering who the beneficiaries would be – if my assumption of the wording above is correct, it would mean my inlaws' lot 1 is the beneficiary, as lot 2 and 3 would be restricted by the covenant. 
• If I am misinterpreting the above, it would seem that lot 2 and 3 are the beneficiaries, and lot 1 owners are restricted by the covenant of a single dwelling

Questions

• if lot 1 is restricted by the covenant (my inlaws' one), which is attached to the title, how do I identify the beneficiaries? Their details are needed for an application to the council

BarelySentientAI

Beneficiaries are the seller as listed in that document, their heirs etc, and whoever owns any part of the the rest of the land that is not plot 1 (i.e. plot 2 and 3).

The restriction is that only one dwelling should be on plot 1.

softwhite

Thanks - that makes sense.

Do you believe it would still be their heirs if they sold the land (which they did). I think the beneficiary is whoever owns lot 2 and 3 now.

BarelySentientAI

That needs a lawyer's advice - in one reading of the laws the answer is yes if they kept any part of the "rest of the land" and no if they sold it all.

There are other suggestions that (for example) the original builder of an estate could still enforce covenants, and hence are a beneficiary, even after the estate is completely sold, so long as the builder still exists.

softwhite

Thanks. They sold it all. 

I spoke to a lawyer after making this threads, to said it's the current owners of lots 2 and 3. 

I'll get consent from all the owners and then submit the request to modify/remove the covenant to the local council.