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Restrictive Covenant Not on Title

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  • Restrictive Covenant Not on Title

    Hi. Just in the process of buying a house.
    The Restrictive Covenants section of the title states just one covenant:

    “THE FIFTH SCHEDULE
    (The Covenants being imposed on the Property)
    .................................................. .....................
    ..
    4. Not to permit any stock kept on the Property or any part thereof to
    stray onto the Retained Land or any part thereof”

    There’s nothing else on the copy of the Title that the Land Registry have. The solicitor has the same copy.

    Given the fact only number 4 appears on the Title, is the reason there is neither numbers 1, 2 nor 3 due to their being removed over the years?

    Is there any reason why current covenants would not appear on the title?

    Are restrictive covenants that do not appear on the title enforceable?

    Thanks in advance.
    Tags: None

  • #2
    what does your solicitor say? You have asked him/her to advise, haven't you?

    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Ask when the title was last changed. If it is post 2002 then HMLR will have added any and all covenants remainiing in effect. If before, then a proper look at the title deeds can be in order.
      By definition, asking about what is not there raises speculation and not much more. It is unlikely to be significant.

      Comment


      • #4
        Note that it is a list of covenants affecting the title. Positive covenants.may be on the deed, but not listed as affecting the title

        Comment

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