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Register & Title Plan
identifying beneficiaries to restrictive covenant
identifying beneficiaries to restrictive covenant
Posted
Wed, 10 Sep 2025 20:42:48 GMT
by
Steph Atkin
Can anyone advise who the current beneficiaries would be in the following restrictive covenant from 1981. Would it be the heirs of the original vendors A and B and the current owner?:<br> <br> <i>“A conveyance of the land in this title and other land dated 16 April 1981 made between (1) A and B (Vendors) and (2) X and Y (Purchasers) contains covenants details of which are set out in the Schedule of Restrictive Covenants hereto.”</i><br> <i>(a)      Not to use the property hereby conveyed for any purposes other than for agricultural purposes during the lifetime of the present Vendors or their occupancy of the Retained Property.</i><br> <i>(b) Not to erect or suffer or permit to be erected on the property hereby conveyed any building or structures of whatsoever nature whether temporary or permanent without the prior written consent of the Vendors.’</i><br> <br> Many thanks
Posted
Thu, 11 Sep 2025 06:53:06 GMT
by
Adam Hookway
Steph - restrictive covenants bind the land for the benefit of other land so it's the land ownership you would be checking rather than the names mentioned/their next of kin etc<br> Is that the entire entry? I ask as there should usually be a covenanting clause that helps identify the land with the benefit?<br> What's the title number you are quoting from?
Posted
Thu, 11 Sep 2025 08:03:33 GMT
by
Steph Atkin
Hi Adam, Hi Adam it's SL88740
Posted
Thu, 11 Sep 2025 08:10:48 GMT
by
Adam Hookway
Hi Steph - many thanks<br> The covenanting clause is the extra wording at the start, namely <em>"For the benefit and protection of the property edged green on the said plan (hereinafter called "the Retained Property") or any part or parts thereof and so as to bind the property hereby conveyed into whosesoever hands the same may come......."</em><br> And the NOTE at the end explains where the edged green/retained land was located - to the north east<br> One of the hardest things to achieve re such covenants is the specific identity of the actual benefiting land. And if that land has been divided up into multiple parts and now owned by multiple people then all those parts, and therefore all those current owners, have the benefit of the stated covenants <br> Whilst the Griffins (vendors in 1981) may still own all or some of it that is very rarely the case but it's the land that has the benefit not the people involved in 1981 for example in answer to your Q<br> <a href="https://customerhelp.landregistry.gov.uk/forums/register-and-title-plan/67f2f289-0af3-ed11-a81c-6045bdd1372f">Restrictive covenants - what are they and more? · HM Land Registry</a>
Posted
Thu, 11 Sep 2025 08:13:03 GMT
by
Steph Atkin
Thanks Adam - is there any way of finding that out from the registry or title deeds/plans?
Posted
Thu, 11 Sep 2025 08:42:30 GMT
by
Adam Hookway
Steph - impossible to say but in my experience it would be a very rare occurrence to be able to accurately confirm all the benefiting land involved.<br> You clearly have a reason for asking re the covenants and I would strongly recommend seeking legal advice as to what the legal situation is with regards what you would like or plan to do on the land.<br> A legal adviser can explain how such covenants work, how they might be enforced and possible consequences. They can also advise on insuring against such consequences as well as the risks involved. Far better to get that advice first as digging too deeply into the history can make the risk(s) far greater as a result
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