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Covenants/restrictions??

3 replies

McMamma777 · 31/12/2023 19:40

So - we are looking at buying a house, ex council house, very nice place and has 1/4 acre garden, outskirts of a village, it’s everything we want! However, it says in the description that there may be “easements” on the house and to check for yourself basically, so I went to land registry (we had to previously check a house that ended up with several restrictions, one being that you can’t run a business from there which put me out of buying as I’m self employed and run my business from home, so roughly know what I’m looking for), found some things on there I’m confused by. I’ve taken out all personal details and just left the relevant things and the bank used, but there’s a bit on the proprietor section which says:

“The Transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof.
2017-06-14
RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 2 June 2017 in favour of National Westminster Bank PLC referred to in the Charges Register”

and also in the charges section:

“ Conveyance of the land in this title dated 16
December 1985 made between (1) council and (2) previous owners contains restrictive covenants.
2

NOTE 1: The covenants contained in the Conveyance dated 24 December 1925 referred to in the above Conveyance are of a positive nature

NOTE 2: Original filed.
2017-06-14
REGISTERED CHARGE dated 2 June 2017 affecting also title random number.

2017-06-14
Proprietor: NATIONAL WESTMINSTER BANK”

can someone please let me know basically in dumb terms what any of this means? Does it actually restrict anything? Does it stop me running a business from home or building anything like extensions or a workshop?? please help 😂 I can’t find anything in dummy terms when I google it and I need it simplified!

OP posts:
Rollercoaster1920 · 31/12/2023 21:36

You need to buy a copy of the previous conveyance documents via a form OC1 from the land registry. Then see what they say.

Keepingthingsinteresting · 31/12/2023 22:58

You need the 1985 and the 1925 conveyance to see the covenants. The NatWest reference is just about the existing mortgage which will be sorted as part of the claim

housethatbuiltme · 01/01/2024 12:50

The 2017 one you quoted is just the mortgage terms, it basically means the current 'mortgage holder' cannot sell the house without notifying the 'mortgage lender' who is the official owner.

I can't see on that excerpt where it says what the 1925 one refers too.

The house we are buying has a lovely one from the church about 150 years ago saying we can't turn it into a brothel, brewery or opium house. So damn there goes my wild plans lol.

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