Restrictive covenants and unregistered land

The following Property practice note provides comprehensive and up to date legal information covering:

  • Restrictive covenants and unregistered land
  • Registrable restrictive covenants
  • Registrable but unregistered
  • Prior to first registration
  • Notice
  • The leasehold position

Restrictive covenants and unregistered land

Registrable restrictive covenants

Restrictive covenants imposed on unregistered land are registrable as D(ii) land charges unless:

  1. entered into before 1926, or

  2. made between landlord and tenant

Negative restrictive covenants bind successors in title of the covenantor provided that:

  1. they are properly drafted and comply with certain equitable rules, and

  2. they are recorded by registration of a land charge against the unregistered burdened land

See our Practice Note: Land Charges—registration and purpose for further information on D(ii) land charges.

For post-1925 covenants, where the conveyance or deed imposing the covenant did not trigger first registration of title, check whether the covenant was protected by entry of a D(ii) land charge. If it was not properly protected, the covenant is unenforceable, even if a note of it was entered in the charges register on subsequent registration of title.

Registrable but unregistered

A covenant which is registrable but unregistered is void against:

  1. a subsequent purchaser

  2. for money or money's worth

  3. of a legal estate in the land charged with the covenant (unless it is registered in the appropriate register before the completion of the purchase)

However, a restrictive covenant that is unprotected by registration may still be binding on an estate owner where there has been no intermediate purchase for money or money's worth of the legal estate.

Prior to first registration

Registration of title on sale is compulsory in

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