Lexsure e-ROT

Missing Title Deeds · Report on Title scenario

The title refers to covenants in deeds nobody has

They still bind the land. A register entry recording that the property is subject to covenants imposed by a deed that has been lost means exactly what it says: the obligations survive, and their content cannot now be established. Nobody is being evasive — the documents were already missing when the property was first registered, and there is nothing left to read.

From the e-ROT archive

This scenario is drawn from Report on Title material dealing with this specific circumstance.

Lexsure master Report on Title paragraph: Unknown Historical Restrictions and Rights (Missing Deeds) · See the wording

Which describes you?

I’ve already bought the property An unknown covenant has been raised against me. Check what this could mean →WhenIBought.com
I’m a conveyancer I need Report on Title wording for this situation. View professional options →

Why the entry exists at all

When land is first registered, the registry records what the deeds show. Where a conveyance referred to covenants but no copy could be produced, the register notes that the land is subject to such covenants as were imposed and remain enforceable — without saying what they were.

The same applies to rights granted the other way: a neighbour's right of way, a right to run pipes beneath the land. Those may exist too, and are equally unknowable.

Entries of this kind are common on older titles, particularly where documents were destroyed during the war or lost in the ordinary way over a century.

What can actually be found out

Sometimes more than you would think. Neighbouring titles were often created out of the same original conveyance, and their registers may quote covenants the lost deed imposed — because their copies survived.

Local archives, the registry's own historic records and the seller's own papers are all worth a look where the stakes justify it.

Often nothing. At that point the question stops being what the covenants say and becomes how the risk is handled, which is the subject of the companion page in this series.

The practical risk, and the thing not to do

In practice, unknown covenants are rarely enforced: somebody would have to know they exist, establish that they have the benefit, and show what the covenant required. That is a demanding chain and it is why these entries are usually dealt with by insurance rather than investigation.

The risk is not zero, and it is concentrated where you intend to do something — build, extend, change the use. A covenant that is never breached is never enforced.

The thing not to do is go looking in a way that alerts a potential beneficiary. Asking a neighbour whether they know what the 1923 conveyance said is exactly the enquiry that makes indemnity cover unavailable. Decide whether you are insuring or investigating before you start, because you cannot do both.

Already bought, and an unknown covenant has surfaced?

If something is being enforced that nobody could read when you bought, what was reported to you about the title is where the question starts.

From the e-ROT archive

Report on Title paragraph

Unknown Historical Restrictions and Rights (Missing Deeds)

Master precedent Lexsure e-ROTScope Content unknowableWord count 42Status Current master paragraph

When this property was first registered at the Land Registry, the original deeds,and any copies of them, were already lost or missing. As a result, the exact nature and extent of any rights or restrictions they may have contained are completely unknown. …

Master precedent wording. This is current Lexsure Report on Title material, shown here in extract and reproduced exactly, including the missing space in “deeds,and”. It is professional precedent wording and is not advice about any particular property.

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