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tdlawyer
tdlawyer, Lawyer
Category: Law
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Experience:  11 years experience of general practice.
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A piece of land has 2 restrictions placed on it by the vendor

Resolved Question:

A piece of land has 2 restrictions placed on it by the vendor at the time of sale.
1) Whilst the retained land is owned by the vendor not to keep horses or livestock on the said property or part thereof.
2) Whilst the retained land is owned by the vendor, not to erect or lay down any building of any kind on the said property or part thereof.
The title is then sold to another person, does the other person still have these restrictions in place, or are they lost when owners change?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question.

tdlawyer :

My name is***** can answer this for you.

tdlawyer :

Retsrictive covenants like this normally bind the successors in title, i.e. the subsequent owners too. This is why they are noted in the official register by the Land Registry, so that subsequent purchasers (and everybody else) is able to identify covenants that affect the land concerned.

tdlawyer :

If the covenants has been positive, e.g. requiring you to do certain things, like actively to maintain a fence, then these would be less likely to have effect on you as a purchaser. However, restrictive covenants, preventing things from happening, are usually enforceable against the new owners.

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