Certificate of Compliance for Deed of Covenant

[lewisjohn]

We have received a letter - out of the blue - from solicitors acting for the owners of the property at the rear of our garden who are in the process of selling.

Their conveyancer is saying the Title Number of that propery contains a restriction in favour of the owners of the Title Number of our property, that's us, and as such will we confirm that we will provide a Certificate of Compliance on receipt of the Deed of Covenant.

We 'don't know' is the immediate answer. We had no idea we had restrictions in our favour. Neither did the people selling! By the way we have had nothing but cordial - albeit at a distance - neighbourly relationship with them in the last eight years when we both moved into our (new) respective houses.

Advice please. What is a Certificate of Compliance? Where, when, how do we get such a document? How do we find out what the restrictions in our favour actually are? Do we need to consult a Solicitor? And at whose expense in this situation? As far as we know there are no such restrictions on our freehold.

Thank you. Any/all advice gratefully received.

[atticus]

This is unusual. What is the nature of the restriction? What are the terms of the Deed of Covenant? I suggest that you will need legal assistance in negotiating the terms of these documents.

Have you thought of replying that you will need to take legal advice, and reqesting the neighbour's solicitor's undertaking to pay the cost?

[Sam101]

LEWISJOHN, this could simply be agreement regarding a boundary wall or fence and access for the other owner, so do not be too concerned.

A reply, or a call to the other solicitors just saying that you do not recall the restriction and ask for a copy to be sent to you to avoid having to search through the deeds or consult with your solicitors. I feel sure they will understand and send the copy. If you are then unsure, you could call your solicitors for a brief chat. If a certificate needs to be supplied, it would be your solicitors why could do this and all costs would be the responsibility of the other neighbour's solicitors .