Q&As

Removal of purchaser's covenant on freehold after property transfer

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Published by a LexisNexis Property expert

Published on: 19 December 2023

Will a purchaser personal covenant on a freehold title (which related to an indemnity covenant and an obligation to comply with the terms of a lease which has been surrendered) be automatically removed by the land registry in the event that the property is transferred to a third party? If not, will the original party to the former transfer need to consent to its removal as the beneficiary of the covenant?

If the proprietor of a registered estate has given an indemnity covenant in relation to a restrictive covenant or other matter that affects the estate, or in respect of a positive covenant that relates to the estate, then the registrar may make an appropriate entry in the register (see Land Registration Rules 2003 (LRR 2003), SI 2003/1417, reg 65(1)), and where the registrar does so, the entry must refer, where practical, to the instrument containing the covenant (LRR 2003, SI 2003/1417, reg 65(2)). This is generally done

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Jurisdiction(s):

United Kingdom

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