Can we have the exact wording of the covenant or better still, can you attach the deed with the covenant in?
I have the land Registry title for*****and I have the original transfer of*****which is presumably your property.
On the black-and-white plan, I can’t see the extent of the land of 17
I don’t appear to have the title of the land surrounding so can’t see the covenant on it or see who owns it and don’t know whether it is part of your title and the title for 18.
Do you have the title plan for 17?
So who is the owner of the land you wish to purchase? The builder or is it in your title or someone elses?
Thank you. However, I still don’t know now owns the land.
There is a transfer of part but that’s with regard to 17, not this other land .
Do you have the land registry deed of the other land? That will say who owns it and it was say who you need to approach.
I can then tell you how to deal with the covenant.
Let me tell you how to try to get the information from the land Registry. If the land has no address you need to do a search of the index map.
complete the above firm and send it to the land Registry. It is free of charge. You need to attach a plan and I suggest that you use a copy of the plan for number 17 but on the plan, edge the area that you are interested in red. That will then be referred to in box 6 “edged red”.
You cannot use Google Earth plans, only the survey-based plans which is why I suggest using the land Registry title plan for your property which is immediately adjacent.
The land registry will come back to you with a title number and when you have the title number you can then get the title deed from the land Registry, online, for £3 using this link https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
With regard to the covenant, it is likely that you are going to have to wait the 21 years before you could do anything with the land except by it and hang onto it. That is unless whoever has the benefit of the covenant (the leaseholders?) would agree to release it for a fee. There is no set fee, it’s literally how much they could get away with. It does not keep rolling over after the initial period.
That is the document which is the most useful. The restrictive covenant you are referring to is on page 8 at clause (f).
The only reference to 21 years in this document is in respect of rights and reservations, not in respect of restrictive covenants. Getting this covenant lifted is going to be more problematical than at first thought if the residents will not unanimously agree for it to be sold.
If the builders were dissolved in 1999 which is the situation shown on the companies house website, then you would be dealing with the Treasury Solicitor under the Bona Vacantia whereby any property which was not dealt with by the liquidator, passes to the Crown. Unless you have experience of dealing with the Treasury solicitor, you would be better off getting a solicitor to deal with the Department.
There are charges against the title which may or may not have been discharged.
Thank you for those kind words. That is encouraging. You’ve paid fee and who rated the service positively so that’s the end of it. The thread will remain open if you want to look over it again. There’s no need to reply as a matter of course.
If you would like me to deal with any legal problems that you have in the future, personally for you, please put my name at the top of the question, For FES and I will deal with it myself.