Q&As

Must a seller obtain a missing covenant indemnity policy if they cannot produce a copy of the 1951 conveyance which contains the provision of restrictive covenants?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 30/01/2018

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Must a seller obtain a missing covenant indemnity policy if they cannot produce a copy of the 1951 conveyance which contains the provision of restrictive covenants?

Must a seller obtain a missing covenant indemnity policy if they cannot produce a copy of the 1951 conveyance which contains the provision of restrictive covenants?

Case study:

‘An ex- council house, bought in 1993 under the right to buy contained in the Housing Act 1985, is subject to standard restrictive covenants contained in the 1993 transfer which are protected by a notice in the charges register and reads 'a transfer…dated…1993…between X and Y contains restrictive covenants (original filed)’. The 1993 transfer contains this provision: ‘The Property is sold subject to the restrictive covenants (if any) contained in a conveyance dated 15 August 1951’. The 1951 conveyance is not referred to in the charges register independently of the 1993 transfer. On sale of the house, are the 1951 covenants unenforceable as they are not separately noted on the title, or are they enforceable by virtue of their mention via the 1993 transfer which is protected by a notice? If the seller cannot produce a copy of the 1951 conveyance/covenants, must he obtain a missing covenant indemnity policy.’

In this scenario, the right to buy having been exercised the relevant property was conveyed from the council to the purchaser in 1993. That

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