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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Can I find details of a covenant appiled to a property which

Resolved Question:

Can I find details of a covenant appiled to a property which is not registered by the uk land registry?
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
What is the nature of the Covenant and who hold the Title deeds?
Clare
Customer: replied 2 years ago.

I can only assume that the owner of the property holds the title deeds. As the property is not registered the land registry does not have this information. If required I can supply the name & address of the owner.

Expert:  Clare replied 2 years ago.
Hi
How do you know that there is a Covenant in place?
Clare
Customer: replied 2 years ago.

The property is part of a small estate ( 36 houses ) as far as I can determine each property has a restrictive covenant which is quite specific as to what is permitted ie front garden fences, buildings, livestock etc. The owner of the property in question has received planning permission to build a two storey house on land adjacent to their own house, however I have been informed that even if a planning application has been approved building may not be allowed depending on the type of covenant which applies to this site.

Expert:  Clare replied 2 years ago.
Hi
That is indeed correct.
have you checked to see if any of the other properties are registered so that you can view the covenants on those?
Clare
Customer: replied 2 years ago.

My own & several other similar properties have restrictive covenants. Many of the objectors to the planning application referred to these restrictions in their own covenants. Some of the references were posted on line when objecting to the planning application.

Expert:  Clare replied 2 years ago.
Hi
Are any of those propertied Registered at the Land Registry?
Clare
Customer: replied 2 years ago.

My property is registered at the land registry as are several others. I am certain that the majority of houses in this estate would be registered.

Expert:  Clare replied 2 years ago.
Hi
The only option you have is to download as many of the original Conveyances as are now registered at the Land Registry to ascertain what covenants are common to all - which will give you at least an approximation of the covenants relating to the property in question.
There is no other way of tracing the details I am afraid unless and until the property does become Registered
I am sorry not to give you better news
Clare
Customer: replied 2 years ago.

Hello Clare, Thanks for your prompt responses to my questions. It seems strange that there is no way of obtaining any information at all pertaining to this particular property. I feel that somewhere there must be a record of the original sale of land to the builder. I may also contact a local solicitor who is familiar with property conveyances in this area.

Expert:  Clare replied 2 years ago.
Hi
There may well be some local knowledge - but this very problem is part of the original genesis of Registered Land - although it is taking a century to fulfil!
Clare
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