Q&As

Party A is buying a property for which a deed of covenant is required at completion in favour of the adjoining owners (there are 2 registered proprietors). One of the registered proprietors has stated that he has sold his share in the property to party B, but the land registry entries do not show this (and so it is not known if the transfer did not happen or if the transfer to party B has not been registered). Whom should be referred to in the deed of covenant?

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Published on LexisPSL on 04/04/2018

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

  • Party A is buying a property for which a deed of covenant is required at completion in favour of the adjoining owners (there are 2 registered proprietors). One of the registered proprietors has stated that he has sold his share in the property to party B, but the land registry entries do not show this (and so it is not known if the transfer did not happen or if the transfer to party B has not been registered). Whom should be referred to in the deed of covenant?

Party A is buying a property for which a deed of covenant is required at completion in favour of the adjoining owners (there are 2 registered proprietors). One of the registered proprietors has stated that he has sold his share in the property to party B, but the land registry entries do not show this (and so it is not known if the transfer did not happen or if the transfer to party B has not been registered). Whom should be referred to in the deed of covenant?

Assuming that the registered proprietor of the adjoining property has properly completed the sale of his interest to Party B, title to the adjoining property would appear to be in the ‘registration gap’—which is the period of time between completion of the transfer of a property (the legal process of transferring the title to the property as between vendor and purchaser) and the subsequent entry of the transaction on the register of title at HM Land Registry, thereby effecting the transfer under section 27(1) of the Land Registration Act 2002 (LRA 2002).

LRA 2002, s 27(1) provides

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