Q&As

There is a restrictive covenant noted on a registered title, and the covenant was created in 1966 before registration of the land in 1980. If a land charges search reveals that the covenant is not registered as a class D(ii) land charge against the original covenantor, does that mean it should never have been noted on the registered title and is not enforceable? What is the limitation period for enforcement of restrictive covenants?

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Published on LexisPSL on 27/10/2020

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

  • There is a restrictive covenant noted on a registered title, and the covenant was created in 1966 before registration of the land in 1980. If a land charges search reveals that the covenant is not registered as a class D(ii) land charge against the original covenantor, does that mean it should never have been noted on the registered title and is not enforceable? What is the limitation period for enforcement of restrictive covenants?
  • Land charges
  • Mistake in register

There is a restrictive covenant noted on a registered title, and the covenant was created in 1966 before registration of the land in 1980. If a land charges search reveals that the covenant is not registered as a class D(ii) land charge against the original covenantor, does that mean it should never have been noted on the registered title and is not enforceable? What is the limitation period for enforcement of restrictive covenants?

Land charges

Where, as here, a restrictive covenant is contained in a post-1925 conveyance or deed, it would need to have been protected by the entry of a D(ii) land charge against the relevant estate owner(s) for it to be binding on successors-in-title. If it was not properly protected, the covenant is unenforceable, even though a note of it has been entered in the charges register on subsequent first registration of the title

However, a restrictive

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