Deed of covenant (imposing new covenants on land—restrictive or positive)
Published by a LexisPSL Property expert
Last updated on 05/08/2020

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

  • Deed of covenant (imposing new covenants on land—restrictive or positive)
  • 1 Definitions
  • 2 Interpretation
  • 3 Background
  • 4 The Covenants
  • 5 Liability
  • 6 Registration
  • 7 Mortgagee’s consent
  • 8 Miscellaneous provisions

Deed of covenant (imposing new covenants on land—restrictive or positive)

style="caps">Date

Parties

  1. 1

    [insert name of Covenantor ][of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert address]] (Covenantor);

  1. 2

    [insert name of Covenantee] [of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert address]] (Covenantee);

  1. 3

    [[insert name of Mortgagee] [of [insert address] OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert address]] (Mortgagee).]

    1. 1

      Definitions

      In this Deed the following definitions apply:

      Covenantee’s Land

      1. means the freehold land known as [insert details] being [part of the land] registered at HM Land Registry with title number [insert title number] [and shown [eg edged red] on the Plan];

      Covenantor’s Land

      1. means the freehold land known as [insert details] being [part of the land] registered at HM Land Registry with title number [insert title number] [and shown [eg edged blue] on the Plan];

      Covenants

      1. means the covenants set out in clause 4;

      Plan

      1. means the plan annexed to this Deed;

      Positive Covenants

      1. means the covenants set out in clause 4.2;

      Restrictive Covenants

      1. means the covenants set out in clause 4.1.

    1. 2

      Interpretation

      1. 2.1

        Where any party to this Deed for the time being comprises two or more persons, obligations

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Key definition:
Deed definition
What does Deed mean?

Deeds are written agreements but differ from contracts in that the limitation period is 12 years and consideration is not required. There are very few categories of transactions that require execution by deed but they are transfers of land, leases, mortgages and charges, sales by mortgagees, appointments of trustees, powers of attorney and gifts.

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