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Posted Wed, 12 Feb 2025 20:03:51 GMT by A W
We are looking at a property that consists of a house & garden together with an adjoining paddock which is all under one title. At the moment we understand that there are no covenants on the title. The sellers want an overage clause on the paddock.  We can negotiate on the terms but are more concerned as its one title. As its one title the covenant will be on the title but will specify the chargeable area on the title plan (ie the paddock). We're not legal experts but believe it would be much easier if we could buy it as 2 titles (ie house & garden with no covenant and paddock with overage clause covenant). That way if we ever wanted to sell the house & garden, we wouldn't have the restrictive covenant to deal with. Our conveyancer says this may not be easy as there would be no change of ownership or reason for land registry to split the title before or after we buy it? Has anyone come across anything similar and found an acceptable solution? Thanks 
Posted Wed, 12 Feb 2025 20:33:39 GMT by A W
I think my question to Land Registry is .. would the overage clause in the form of a restrictive covenant on one part of a title be a good enough reason for the title to be split into 2 titles.. I thought it was more of a public forum but it seems most answers come from Land Registry. Thanks
Posted Thu, 13 Feb 2025 07:06:33 GMT by Adam Hookway
A W - you have two choices it seems. The first is that the sellers ask us to split the title. The second is to buy the title in separate parts, so two separate transfers.
It is a public forum so users can comment on the posts of others but none do so in my experience. It's primary aim is to help people find commonly asked Qs and HMLR's answers so that they don't need to contact us directly
Posted Thu, 13 Feb 2025 08:56:23 GMT by A W
Thanks, that's very helpful..

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