Q&As

A title register makes reference to 'stipulations' which are provided in the schedule of restrictive covenants, but there is a note on the title that 'No copy of the covenant to observe the said stipulations was supplied on first registration' (which took place in 1993) and a land charges search does not reveal that any of the stipulations were registered. Are these stipulations valid and enforceable?

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Published on LexisPSL on 18/12/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A title register makes reference to 'stipulations' which are provided in the schedule of restrictive covenants, but there is a note on the title that 'No copy of the covenant to observe the said stipulations was supplied on first registration' (which took place in 1993) and a land charges search does not reveal that any of the stipulations were registered. Are these stipulations valid and enforceable?

There are two aspects to this question: (a) are the stipulations binding on a successor in title of the original covenantor, and (b) are the stipulations enforceable in accordance with their terms.

With respect to (b), this all depends on the terms of the stipulations themselves.

With respect to (a), given that the conveyance or deed imposing the covenant did not trigger first registration of title, the first point to consider is whether the covenant is contained in a post-1925 conveyance or deed.

If it is, then the covenant would need to have been protected by the entry of a D

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