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Legal matters

House deeds and a covenant

3 replies

ThyWillBeDone · 18/09/2012 14:07

I will try to explain!
Marital home is a barn conversion on my in-laws farm land. I have never seen the deeds (don't blast me there please). I have in the past asked to see them and to get my name on the deeds as hub has no will. Been told, in the past, that 'not to worry'. I am now (due to other events) really chasing this up and have checked the Land Registry to find no house with 'that name' exists. After much checking, phone calls and a very helpful person I have found the deeds to 'our' house are under a different house name on the Land Registry (a map proves that is where we live), plus the deeds are in my hub's name and my in laws have a covenant on the deeds. I cannot see what the covenant says as that is with the 'original' deeds. The original deeds are held by my in laws, but when I have asked to see them I am refused.

Where do I stand legally?? Can I hire a solicitor to find out what this blasted covenant says - I have a suspicion that it may state something along the lines of "I can remain living here while married but have no legal right to the property"

Advice much appreciated. Thanks.

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Collaborate · 18/09/2012 14:18

Covenants are intended to bind (usually restrict) an owner of property with regard to their use of the land.

These days you don't need the deeds to buy and sell property.

The covenant could be to not use the property for a business, or other than as a home.

If you are getting divorced then you will find this out as part of the negotiations.

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ThyWillBeDone · 18/09/2012 15:07

Thanks for that.

I am really interested to see what the covenant is binding to though!

I have checked about selling without the deeds and was told that so long 'as the property was recorded properly with Land Registry you can use copies' and this is a problem as the copy deeds I now have are for a different property name to what is on my bills/invoices/statements so I have a concern that I cannot 'prove' I live in this property and have no legal right to half its market value!! If that makes any sense at all.
I'm still pretty upset about being refused to see the deeds to a property I live in with hub and children. Just feeling as if I am a 'little wife with no need to fret over "men's" business'!!!!

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Collaborate · 18/09/2012 15:13

Just because you live there doesn't mean to say you own half the property.

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