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Hi there,
My partner and I are in the process of purchasing a property. In the register of title, there is a covenant between the original land owner (seller) and a developer company (buyer), which is shown below. Our solicitor said that it is not enforceable because the original deed is missing, but we have read that if a covenant was registered as class D, it is enforceable even when there are missing documents. So, we are wondering whether this covenant is indeed enforceable or not.
“ C: Charges Register
This register contains any charges and other matters that affect the land.
1 By a Transfer dated … 1987 made between (1) xxx (land owner) and (2) xxx (developer company) the land in this title together with other land was transferred subject to the following restrictions:-
Subject to the covenant on the part of the Transferee contained in the Second Schedule hereto
THE SECOND SCHEDULE
Not to erect or cause to be erected upon that portion of the land shown on the plan annexed hereto and thereon hatched red any buildings other than four bungalows with garages for the same nor do nor cause or permit to be done any act or things which shall cause a nuisance to the neighbourhood and the adjoining properties save that nothing herein is intended or shall prevent the Transferee from erecting the said buildings in the usual manner without liability for any nuisance thereby temporarily caused.
NOTE: The land in this title falls wholly within the land hatched red referred to above. “
Many thanks
My partner and I are in the process of purchasing a property. In the register of title, there is a covenant between the original land owner (seller) and a developer company (buyer), which is shown below. Our solicitor said that it is not enforceable because the original deed is missing, but we have read that if a covenant was registered as class D, it is enforceable even when there are missing documents. So, we are wondering whether this covenant is indeed enforceable or not.
“ C: Charges Register
This register contains any charges and other matters that affect the land.
1 By a Transfer dated … 1987 made between (1) xxx (land owner) and (2) xxx (developer company) the land in this title together with other land was transferred subject to the following restrictions:-
Subject to the covenant on the part of the Transferee contained in the Second Schedule hereto
THE SECOND SCHEDULE
Not to erect or cause to be erected upon that portion of the land shown on the plan annexed hereto and thereon hatched red any buildings other than four bungalows with garages for the same nor do nor cause or permit to be done any act or things which shall cause a nuisance to the neighbourhood and the adjoining properties save that nothing herein is intended or shall prevent the Transferee from erecting the said buildings in the usual manner without liability for any nuisance thereby temporarily caused.
NOTE: The land in this title falls wholly within the land hatched red referred to above. “
Many thanks
