Conveyancing for purchasing

[NormallyAwkward]

I'm buying a property and my solicitor isn't very forthcoming with information! We have been sent the contract, mortgage deed, a boundary map and Land Registry transfer of ownership form to sign. The transfer of ownership form mentions covenants but there's no page to say what they are. Is this normal at this stage? Will this be disclosed in other paperwork later? I don't think my husband is going to sign anything until he knows what they are. I've emailed the solicitor to ask but when I'll get a reply I don't know. I don't want to hold things up if this is something I'll be notified later on. Any advice to stop me stressing this weekend?

Just keep chasing. You do absolutely need to see the covenants before agreeing to anything.

They are flooded with people trying to beat the stamp duty changes on 1st April. I emailed the secretary of my old conveyancer last week and her auto reply basically said “I will be in touch when it’s your turn, chasing me will get you nowhere.”

I am sure they will have run their eyes over the covenants and if there was a major deal breaker they would have called you.

Otherwise, it’s a wait in line thing. People trying to push through sales by 31/03 will have them working frantically.

Thanks the for advice. It's taken them 2 months to send this out so far! We wanted to complete 17 Feb. No idea if that's likely though.

I’ve just had a look through the documents from our most recent house purchase and the stuff about covenants was among the bits our solicitor sent on from the land registry. We had three files with ‘official copy’ in the title - they included the register, title plan and transfer stuff. I’d have another look through everything your solicitor has sent so far and make sure you haven’t missed them.

They should also send you the fittings and contents form and the property information form when they get them from the seller.

Your solicitor should tell you what the covenants are, in plain language. Chase them for an email summary.

I haven't received any other documents at all. My solicitor is useless!

They can only send on those other bits when the seller provides them.

Sorry, I forgot that I did get the fixture and fittings form in November but I had to request it from the solicitor. I think I'll just request for them to send me everything and I'll review it myself. Not that I have any legal training but at this point I don't have much faith in them.

Are you missing the title deed? That would normally list out any covenants. You could buy it online for £3 off the Land Registry but you shouldn't have to as the solicitor should provide alongside the the title plan.

I bought that and unfortunately it doesn't state it. It says '...contains restrictive covenants. Note: Original filed.' I guess I need a copy of the filed copy which I'm hoping the solicitor has and just failed to sent it. It's just they're so slow and generally unresponsive and I'm a stress head!

“I am sure they will have run their eyes over the covenants and if there was a major deal breaker they would have called you.”

Im not so sure I’d take that risk. If there are covenants, the buyers need to know about them 1) as it can be very restrictive and 2) some mortgage lenders won’t lend when the house has covenants on the deed.

Keep chasing, their workload isn’t your problem OP. They still need to be doing a good and proper job.

Yes, you need the 'Original filed' copy that the title is referring to. Original filed means that the Land Registry have a copy of the document, but it would be the seller's solicitors, who need to obtain it and forward it to your solicitor. Perhaps they haven't done that yet, even though your solicitor would expect a copy.

Oh ok, thanks for the info. I'll definitely get onto that on Monday.

Oh interesting that it's filed and you have to apply for it. The covenant on our current house and the one we are buying is on the title deed. It's very handy as I was able to buy the deed and view the covenant before we made an offer. A very restrictive covenant might put me off wanting to buy a property so it's helpful to know what's in it first.

I've received the filed copy today. The main thing was if the council have to clean or repair the sewer, we have to pay a fair contribution but other than that it was just to say that hedges, walls and fences must be maintained. Any alterations had to blend in with the existing properties and can only be used as a private dwelling. Thanks for the advice everyone.