Covenants for title—amending
  • Covenants for title—amending
  • Can the covenants for title be amended?
  • Can the covenants for title be excluded?

Covenants for title are implied on a transfer of land when the seller sells with full or limited title guarantee, or with their Welsh equivalents, gyda gwarant teitl llawn and gyda gwarant teitl cyfyngedig, respectively.LP(MP)A 1994

Sellers are generally expected to convey land with full title guarantee, unless there is good reason to offer limited title guarantee. Both the Standard Commercial Property Conditions (condition 6.6.2 of the Second Edition (Second Edition) and 7.6.2 of the Third Edition (Third Edition)) and the Standard Conditions of Sale (SCS) (condition 4.6.2) provide for full title guarantee to be given.

Can the covenants for title be amended?

The covenants for title can be amended, by limiting or extending them, but in practice few amendments are made.LP(MP)A 1994, s 8 (1)

Seller's amendments

The seller is not liable in respect of any matter to which the disposition is expressly made subject under the covenants for title implied by:LP(MP)A 1994, s 6 (1)LPA 1925, s 198

  1. s 2(1)(a)—the seller has the right to dispose of the property