Application to remove title from main

Posted Sat, 03 Feb 2024 12:49:37 GMT by Margaret Stansfield

We are waiting for an application to be processed and it was approved to be expedited. The main title is CU109711 and the new title is CU339637. The reference is HB52EB5.

We need to complete our house purchase urgently but cannot do so until this application, made by our vendor on 15 August 2023, is processed.
Are you able to give an update?

Posted Mon, 05 Feb 2024 08:56:46 GMT by Adam Hookway

Margaret - the application was delayed whilst certain matters were resolved but it appears that they have now been satisfied. Hopefully the application will be processed shortly but I'll check with the casework team to confirm

Answer

Posted Mon, 05 Feb 2024 09:17:16 GMT by Margaret Stansfield

Thank you Adam for your prompt reply.
I look forward to the update following your contact with the casework team.
Margaret

Posted Wed, 07 Feb 2024 09:35:06 GMT by Adam Hookway

Morning Margaret - the application is with a senior technician to confirm new entries/next steps. The casework team are aware of the urgency so hopefully we will hear more shortly.

Answer

Posted Thu, 08 Feb 2024 11:23:33 GMT by Margaret Stansfield

Thanks Adam

Posted Mon, 12 Feb 2024 11:04:22 GMT by Adam Hookway

Morning Margaret - the application has been completed and the register updated so hopefully things can now move forward for you

Posted Mon, 12 Feb 2024 11:25:40 GMT by Margaret Stansfield

Thank you Adam. This is great news!
Margaret

Answer

Posted Tue, 13 Feb 2024 20:33:05 GMT by Margaret Stansfield

Hi, I have been sent a copy of the official register for the new title CU339637 and despite it pertaining to land (a garden) being transferred from the council to our vendor, it still contains covenants from the main title. These covenants give access to the public, which to me, is at odds with the whole purpose of the application.
Should these covenants have been removed as part of the application process?
Thanks

Posted Wed, 14 Feb 2024 07:37:06 GMT by Adam Hookway

HI Margaret - one for your conveyancer to respond to really to explain the legal impact of such matters.
Restrictive covenants bind the land and do so until released or extinguished. Any release would be by the benefiting landownwer(s) and that's a very rare event
Easements (rights) are different to covenants but again they would need to be released/extinguished by way of a legal deed between the affected landowners.
Whenever a parcel of land that is subject to such covenants and easements is transferred it will invariably continue to be bound by those entries hence they are carried forward to the new title as in this case