Restrictive Covenants and Personal Covenants
Where to Find Restrictive and Personal Covenants
Both restrictive and personal covenants, where they exist, will affect the property they burden in some way or other, and accordingly the Land Registry will copy the salient details of important covenants into the Title Register. Where the detail is lengthy only the important parts of it may appear in the Title Register, but the Land Registry will also copy the Deed containing the covenants, and make a note on the Register that it has done so. Any Deeds noted on the register as having been copied are available to purchase for a modest fee.
To obtain copies of these covenants, therefore, you should obtain a copy of the Title Register and Associated Documents.
Restrictive Covenants and Personal Covenants are different creatures, and their distinction should be known.
Restrictive Covenants
Restrictive Covenants are covenants made between a purchaser and vendor, that "run with the land" and burden a property, for example, a covenant not to develop the land or to use it for commercial purposes. Such covenants, because they run with the land, burden it even if the property is sold to someone else. Restrictive Covenants are recorded in the C section of the Title Register; if lengthy, they may appear in a Schedule at the end of the C section. More detail of the Covenants is contained in the Associated Documents.
Sample extract from the C Section of a Title Register containing Restrictive Covenants
C: Charges Register
This register contains any charges and other matters that affect the land
1 Conveyance of the land tinted pink on the filed plan and other land dated 19 January 1925 made between (1) Serendipity ltd (Vendor) and (2) Robert Holmes (Purchaser) contains covenants details of which are set out in the schedule of restrictive covenants hereto.
Schedule of restrictive covenants
1 The following are details of the covenants contained in the Conveyance dated 19 January 1925 referred to in the Charges Register:
Covenant by the Purchaser and persons deriving title under with the Vendor so that the burden of that covenant should run with the land and enure for the benefit of the owners and occupiers for the time being of Serendipity Limited but so that as regards any covenant restrictive of the user of the land thereby conveyed the Purchaser and the persons deriving title under him should be personally liable for breaches thereof so long as only the Purchaser or such persons deriving title under him as aforesaid are or is owners or owner of the land thereby conveyed or any part thereof to observe the said building stipulations and restrictions in the Second Schedule thereto according to the fair meaning and intent thereof.
Copy Stipulations and Restrictions contained in Conveyance dated 19 January 1925
1 Each Purchaser shall (not later than 2 calendar months after having been called upon by the Vendor so to do) erect and afterwards maintain approved and suitable fences or enclosures as hereinafter described next to the roads and back and side division fences on the side of his lot or plots marked "T" within the boundary of the plan hereto but no person owning 2 or more contiguous plots shall be bound to erect or maintain fences between such plots.
The above sample covenant continues for several more pages, but is not iterated in this article. However, the length and detail of restrictive covenants can be easily gleaned from the above extract. The conveyance referred to in the sample is the deed that created the restrictive covenants. it has not been copied by the Land Registry and is not therefore available for purchase. This is because the entirety of the covenants have been iterated in the Title Register.
Personal Covenants
Personal Covenants are covenants which do not run with the land, and usually relate to an action that the Purchaser has agreed to take when buying the property, e.g. erecting a stock proof fence. They do not burden the land and are only enforceable against the person making the covenant, although a new owner may be required to enter into a covenant in similar terms when buying the property. They are recorded in the B section of the Register, and again, are often detailed more thoroughly in the Associated Documents.
Sample extract from the B section of a Title Register containing Personal Covenants
B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.
Title absolute
3 (01.12.2000) The Transfer to the proprietor contains a covenant to perform any obligations affecting the property which will remain binding on the transferor after the date thereof and of indemnity in respect thereof.
Title Register
The Land Registry Title Register holds data relating to the property ownership, purchase price, mortgage, tenure, covenants, rights of way, leases and class of title.
£19.95Title Plan
The Title Plan shows an outline of the property and its immediate neighbourhood, and uses colours to identify rights of way, general boundaries and land affected by covenants.
£19.95Associated Documents
Deeds creating Restrictions, Covenants, Easements, etc. are often kept digitally by the Land Registry and made available for sale due to their invaluable detail and content to assist in further understanding the Restrictions, etc.
£29.95
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