• Restrictive Covenants

    By Guest on 08th Jan 2019

    Section C: Charges Register
    We live in a converted mansion house (7 Flats) one of the flats had a garden as part of its lease, which with the rest of the gardens stated: To use the land as a domestic garden only and not to permit any development.
    The then Freeholder exchanged the garden to extend the lease on that Flat with Deceased Owners Family so that they could sell it. He then transferred it to a separate title. He did not enter any of the restrictions to the new Title, he has now got planning permission. We have bought the freehold to the rest of the property.
    1. Should he have transferred the charges and if so, has he committed fraud by not doing so.
    2. Can we enforce the covenant to stop the development?

  • 2 Answers

    By Guest on 09/01/2019

    1. HM Land Registry will automatically transfer any restrictive covenants that apply (assuming it was registered title). I advise you contact them as they may be able to inform you why the covenants were not transferred.

    2. Only if it exists and affects that land - see (1) above.

  • By Guest on 10/01/2019

    I have a copy of both Titles from the land Registry Old Title with the covenant and the new Title without the covenant. I have contacted them and requested a copy of the TP1 as they state they create the new document from that document. (you cannot order a copy online so I have sent request by mail).


    Once received I can then see what was declared or missed of the document when creating the new title.

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