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Which is the correct section for existing covenant in form TP1
Which is the correct section for existing covenant in form TP1
Posted
Mon, 14 Jul 2025 11:41:25 GMT
by
Thomas Dzelzainis
Hi,<br> <br> I am in the process of buying a piece of garden land from a neighbour which will require the partial transfer of a plot of land, on a separate title from their home, that they own behind both of our houses, and have a question about including covenants in the TP1 form.<br> <br> In the charges register of the Title plan summary for the plot of land there is the text:<br> *******************<br> A Transfer of the land in this title dated 6 December 1984 made between (1) [Local District Council] and (2) [Current Owner] contains the following covenants:- <br> <br> "THE Transferee hereby covenants with the Transferors as follows, namely: <br> <br> (a)  That he the Transferee will not erect any permanent buildings or structures on the land hereby transferred and will not without the consent in writing of the Council (such consent not to be unreasonably withheld) erect any temporary buildings or structures on the land hereby transferred and will use the same for domestic and garden purposes only<br> <br> (b)  That he will provide erect and thereafter maintain on a party basis with adjoining owners any fences or hedges required to divide the land hereby transferred from adjoining land<br> *******************<br> <br> I assume we just carry these covenants over to the new title plan by including them as words of covenant in section 12. I was just wondering which would be the appropriate section, "Restrictive covenants by the transferor" or "Other", or if they should be included in one of the other sections.<br> <br> Many thanks,<br> <br> Tom.<br> <br>  
Posted
Mon, 14 Jul 2025 11:48:24 GMT
by
Adam Hookway
Tom - any restrictive covenants that bind the current title will b carried forward to the new 'part'. You don't include/repeat then in the TP1<br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to <a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>
Posted
Mon, 14 Jul 2025 13:07:59 GMT
by
Thomas Dzelzainis
Hi Adam,<br> <br> Thanks very much. And thanks for the advice about using a conveyancer, if I feel too far our of my depth at any point I will definitely do so.<br> <br> Best Regards,<br> <br> Tom. 
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