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What Is A Covenant On Land Title? [3 Replies Found]

Restrictive Covenants are covenants made between a purchaser and vender, 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 may be recorded in the Title Register C section 😊 They can also appear in Schedules at the end. The Land Registry keeps the Covenants in detail in its C section. These are the same documents that were used to create the Register. [1]
A covenant simply outlines the rules and restrictions that apply to the land which has been affected or burdened by it. Registered land covenants can be found in either the Charges Register for the Official Copies, or in another document kept by the Land Registry. In this case the document will be called the Charges Register. When land is sold, they are often imposed by its owner. This usually happens when the seller has other land within the same area and wants to keep some control. Ragina Culver, Dhaka (Bangladesh) last modified this page 41 days ago [2]
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If you do not insurance policy can be obtained, then owners could approach the person with the benefit of covenant in order to obtain ‘retrospective consent’ for work. If the individual cannot be found, refuses permission, charges excessive fees or seeks damages, the owners can approach the Lands Chamber of the Upper Tribunal in order to amend or remove restrictive covenants. This process is costly, time-consuming and not guaranteed to succeed. The covenant beneficiaries will not pay your expenses even if your efforts are successful. You may have to pay if your objections are successful. Pay their costs. This was highlighted by Delmas Moseley of Daejon in South Korea. [3]
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Due to the doctrines of privity and contract, the restriction covenant will still be binding on the parties. Even if the land has been sold by their original contracting partners, the restrictive covenant still applies to the land. The effect of this is that a successor in title will be able to enforce the covenant against the other party’s successor in title, and so on.Due to its on-going attachment to the land, it is important that the existence of any valid restrictive covenants that burden the land are identified before exchange of contracts, along with the benefit of any restrictive covenants that bind against the land. We are truly grateful to Saima from Nanping in China for pointing it out. [4]
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Refer to the Article

  1. https://www.landregistry-titledeeds.co.uk/frequently-asked-questions/information/using-the-deeds.asp
  2. https://www.land-registry-documents.co.uk/news-blog/covenantswhat-you-need-to-know-about/
  3. https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/restrictive-covenants/
  4. https://www.ashtonslegal.co.uk/insights/legal-news/restrictive-covenants-affecting-land/
Kelly-Anne Kidston

Written by Kelly-Anne Kidston

I am a writer of many words, from fiction to poetry to reviews. I am an avid reader and a lover of good books. I am currently writing my first novel and would love to find some beta readers who are interested in getting an early look.

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