Restrictive Covenants · Report on Title scenarios
Restrictive covenants
4 situations in which a restrictive covenant comes up during a conveyancing transaction, each answering a different question.
- The title has a covenant against keeping animals without consentA covenant against keeping animals binds you from the day you complete. Who you have to ask now that the original authority has gone, and why it has to be done before exchange.
- The work was done without the covenant consent it neededA conservatory built decades ago without the consent the deeds required. Why long, open and unchallenged breaches are treated differently, and why a buyer may still want a policy.
- Nobody knows who has the benefit of these covenantsA schedule of covenants from a deed over a century old, and no indication of which land has the benefit. How covenants pass to later owners, and why many old ones go nowhere.
- The company whose consent the covenant requires has been dissolvedA covenant requiring the consent of a developer that was dissolved decades ago. Why that can end the problem, why it sometimes does not, and the check that settles it.
Already bought, and a restrictive covenant has become a problem?
These pages are written for someone still deciding. If this came up after you completed, the question is a different one — what was known during the purchase, and what should have been reported to you.
Tell us what happened → WhenIBought.comDealing with this on a current conveyancing matter?
Current Report on Title paragraph
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