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Hi Mark, thanks for your enquiry. The only way you can guarantee that the owner of B (and his successors in title) enters into the covenant for the benefit of Property A, is for a Deed to b drawn up between B and the existing owner of property A. This should be executed either before you exchange Contracts, or between exchange and completion. The Deed will stipulate that the restrictive covenant will bind Property B forever and is for the benefit of Property A. This Deed will then need to be registered at the Land Registry, and this could be done by your Solicitor, when registering your ownership, o save a further delay in the Conveyancing process. The preparation and execution of the Deed may delay your completion date I'm afraid, and is of course subject to your Seller agreeing to get involved (you may have to agree to pay their additional Solicitors fees in dealing with the Deed). If you were to delay entering into the Deed after you have purchased, B may at that time just turn round to you and go back on his agreement to do it. I hope this assists and sets out the legal position. Kind Regards Al
Hi Mark, you are absolutely correct in all you say and the Deed would be a separate document, which is then lodged at the Land Registry, so the covenant can be registered against both Titles. If I have helped, I would be grateful if you could rate my answer. Kind Regards Al