How Do I Find Out What Restrictive Covenants Are on my Property?

The bad news is that this is a complicated area; the good news is that in this blog we will give you some tips to answer this question. Should you need further assistance Kew Law LLP will be delighted to take specific instructions and advise you.

Is your property registered?

Step 1- finding out and obtaining a copy of the Title Deeds

Most properties are now registered as Land Registration has been compulsory in all areas for a number of years, but some are still unregistered. Go on to the Land Registry’s official website, where you can apply for copies of the title of the property by inputting the address of the property.

If the Land Registry can locate the property as registered, a title number will be confirmed as relating to the property. From there, The Land Registry Website can assist with providing a copy of your registered title (referred to commonly as Title Deeds) as well as the title plan showing the approximate boundary location and layout  which can currently be purchased for £7 each. If, having obtained the Official Copies of your title, further documents are referred to as “copy filed” these will generally also be available for a similar cost. The filed documents will often contain matters affecting the property including restrictive covenants.  In addition to these filed documents, restrictive covenants may be referred to in the “Charges Register” of the Official Copies.

Land Registry Restrictive Covenants

The complicated nature of registered title lies in the fact that restrictive covenants may be found in more than one place and may be difficult/locate due to location and language used. It is further made more difficult as the covenant must be read carefully to establish whether it is indeed enforceable in any case.

If the Land Registry is unable to locate the property, it is likely that your property is unregistered land, meaning, the above process will not be possible because the Land Registry do not have access to the information as the Title has yet to be submitted for registration.

In this situation if the property is mortgaged, the mortgage company will generally hold all of the Title Deeds which contain title matters relating to the property. The Lender may be unwilling to release the deeds to you personally as they form security for the mortgage debt. If the property is unmortgaged the owner (you) should hold a bundle of deeds which your lawyer would have forwarded to you upon completing the purchase transaction.

Unfortunately to establish whether any restrictive covenants affect the property, it will be necessary for you to read through and identify the restrictive covenants that burden your land. This is a complicated process as no two properties’ title deeds will be the same. Whilst restrictive covenants may be located in a Schedule within one or more of the Conveyances/transfers in the bundle, there are further documents such as abstracts which may also contain such covenants. A tricky process indeed!

If you need help with this complicated area of property law, please do not hesitate to contact us at Kew Law LLP as we are more than happy to help.

Frequently Asked Questions

What is a restrictive covenant?

A restrictive covenant is a legally binding condition on a property title that limits how the land or property can be used. It “restricts” an owner rather than requiring them to take a positive action.

Can restrictive covenants be removed or challenged?

Possibly, it depends on the nature of the covenant and whether it still benefits another piece of land. This requires specialist legal assessment.

How do I find out if my property has restrictive covenants?

Start by checking whether your property is registered with HM Land Registry. If it is, you can purchase a copy of your Title Register and Title Plan online.

What if my property is unregistered?

If unregistered:

· Your mortgage lender may hold the paper title deeds, or

· You (the homeowner) may have the full bundle if the property is unmortgaged You would need to manually review these documents to locate any restrictive covenants.

Do I need a lawyer to review the covenants?

Given the complexity and the risk of misinterpreting legally binding restrictions, it is often advisable to ask a specialist property lawyer to review your documents.

Examples

Example A

Planning an Extension

Sarah wants to build a rear extension on her home. She downloads her title documents and discovers a 1958 restrictive covenant that prohibits “building any structure beyond the original footprint.” Unsure whether the covenant is still enforceable, she contacts Kew Law for advice before submitting a planning application.

Example B

Landscaping a Front Garden

A couple plans to pave over their front garden to create a driveway. Their title deeds include a covenant requiring them to maintain the appearance of the front garden as originally designed. They seek legal advice because the covenant could affect their plans and might even impact their property’s value.

Example C

Buying a property with land to build a separate annexe

Daniel and Emma have identified a property with a large garden that is being put up for Auction. It looks perfect for them to build a small annexe in the garden for Emma’s mum to live in. They ask Kew Law to check the title documents before they make a bid and, after investigation, Kew Law advise them of a restrictive covenant that restricts the number of buildings on the plot to just one. Daniel and Emma look for an alternative property and are pleased they sought legal advice before committing themselves to buying the property.