Q&As

An owner of land (A) has received a letter from a third party claiming that it is in breach of a covenant dating back to 1912 which prevents building on A’s land without consent (A is currently building on the land). The third party claims the benefit of this covenant. The covenant is not referred to on A’s registered title and it had no knowledge of it prior to its purchase. Is the covenant enforceable?

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Published on LexisPSL on 22/11/2017

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

  • An owner of land (A) has received a letter from a third party claiming that it is in breach of a covenant dating back to 1912 which prevents building on A’s land without consent (A is currently building on the land). The third party claims the benefit of this covenant. The covenant is not referred to on A’s registered title and it had no knowledge of it prior to its purchase. Is the covenant enforceable?

For restrictive covenants affecting registered land, a notice must be entered in the charges register of the burdened land. Notice of the covenants on the register takes effect as an incumbrance so that each subsequent registered proprietor of the land which is subject to the covenants, or of a derivative interest such as a lease, will be bound by the covenants.

Where there is no entry on the register, subsequent registered proprietors (whether or

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