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Restrictive covenant

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  • Restrictive covenant

    Does a restrictive covenant need to be registered on the Land Charges Act Register 1972 for it to be binding?
    Tags: None

  • #2
    A restrictive covenant is a Class D land charge (Land Charges Act 1972 Sec 2 (5) (ii) )

    Sec 4 (6) of Land Charges Act 1972:
    ".....a land charge of Class D created or entered into on or after 1st January 1926 shall be void as against a purchaser for money or money’s worth .... of a legal estate in the land charged with it, unless the land charge is registered in the appropriate register before the completion of the purchase.

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    • #3
      Is the land registered or unregistered ? The Land Charges Register is only for unregistered land. for registered land any covenants are recorded on the property title.

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      • #4
        http://www.land-registry-documents.c...rges-register/

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