• Missing Restrictive Covenants

    By Guest on 24th Jan 2017

    Hi. I want to buy an auction freehold property, but note on the official copy of register of title, under charges section, 1. A conveyance dated 3 October 1902 made between...... and..... contains restrictive covenants but neither the original deed nor a certified copy or examined abstract thereof was produced on first regionalion.

    I'm assuming due to the fact this refers to 1902 this is nothing to worry about and wouldn't have any effect on lenders at a future date should I wish to sell the property?

  • 1 Answers

    By Guest on 26/01/2017

    The covenants could still be binding and (if there has been a breach) enforceable though the risk is fairly small considering their age. When you sell assuming there has been no attempt at enforcement you will probably be asked to purchase an indemnity insurance policy, which will cost you about £200 and will satisfy most lenders

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