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How to find out what the restrictive covenant actually is
How to find out what the restrictive covenant actually is
Posted
Mon, 02 Dec 2024 17:55:02 GMT
by
Marie Mock
I have a restrictive covenant on my garden, but I need to find out what it actually is. My deeds just state there is a covenant but I need to know what the covenant is restricting. Would this be something I have to apply to LR for or go through a solicitor to find? thank you
Posted
Mon, 02 Dec 2024 21:47:34 GMT
by
Adam Hookway
Marie - I assume it’s in a ‘filed’ deed so you would
apply by post for a copy
Posted
Tue, 03 Dec 2024 08:55:24 GMT
by
Marie Mock
Thank you, Adam. The covenant was added when we purchased the land next to our house. The original developer (who didn't realise they still owned it from 1985) wanted to build on it when I asked them to maintain it (it had been unmaintained for 30 years) but access was over our driveway so they couldn't. Rather than pay (a lot) to maintain it regularly, they sold it to us as a garden with a restrictive covenant. Now we are planning to move, I want to know what the covenant states so that I can be transparent when selling. So would the 'filed' deed be with the solicitor still or HMLR? It was done over 10 years ago. I have an 'Official copy of the register title' from 2018 when we changed mortgage company but it just states that the land was transferred in 2011 and it 'contains restrictive covenants'.
Posted
Tue, 03 Dec 2024 09:54:42 GMT
by
Adam Hookway
Marie - if it’s referred to on the register as being ‘filed’ then it’s with us. Apply by post for a copy as per the linked guidance
Posted
Tue, 03 Dec 2024 12:19:57 GMT
by
Marie Mock
You can only apply by post with a cheque for £7; not many people have a cheque book anymore. Can I pay online at all (or apply and pay online)? thank you
Posted
Tue, 03 Dec 2024 12:20:39 GMT
by
Marie Mock
And I presume this is the MS Word Doc form OC2?
Posted
Tue, 03 Dec 2024 12:34:46 GMT
by
Nimish Patel
Marie - Contact our Customer Support if you are not able to pay by Cheque or Postal Order. They'll be able to assist with alternative payment arrangement.
Contact details of our Customer Support are on our website -
Contact HM Land Registry - GOV.UK
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