When purchasing property or considering developing your existing land assets, it is imperative that you are aware of any restrictive covenants in place. Restrictive covenants are legally binding conditions written into a property’s title deeds or Land Registry records. They limit the ways in which land can be used or developed and are enforceable by law. These covenants can significantly impact your planned use of the property, potentially influencing its value and your future plans.
Understanding restrictive covenants on property
A restrictive covenant is a legal obligation or restriction placed on a property title. These are typically designed to protect an area’s character, prevent disruptive activities, or maintain consistency within a neighbourhood.
Common examples may include restrictions on building new structures, altering existing buildings, or limiting the type of commercial activities permitted. If you breach these restrictions, you could face enforcement action, financial penalties, or even legal proceedings.
Therefore, it is crucial to identify and fully understand any restrictive covenants affecting the land as early as possible.
Utilising the Land Registry to locate covenants
In England and Wales, most restrictive covenants are recorded on the HM Land Registry (HMLR). The Land Registry is a governmental department responsible for registering property ownership, interests, and burdens affecting land. To find restrictive covenants, you must obtain and carefully review the title register and title plan from the Land Registry.
Steps to find restrictive covenants through Land Registry
To conduct your search, first visit the Land Registry website and select their online service. You will need the full postal address of the property you’re investigating or its title number. Once located, you can order and download copies of relevant documents for a nominal fee. Typically, the title register includes clear details of restrictive covenants affecting the property in section C: Charges Register.
It is essential that you carefully read every covenant listed, as some may be historical and complex in wording. The register may refer to other documents that are available to download from the Land Registry and it is important to consider all available information. Seek professional legal advice if you are unclear about how a covenant could affect your planned purposes. Law firms specialising in property law are experienced in interpreting old or complicated wording and can advise you accordingly.
Interpreting restrictive covenants correctly
Restrictive covenants are not always straightforwardly presented. They may be written in dense legal language, contain historical terms, or refer to previous landowners or neighbouring land names that differ from their modern equivalents. Ensure you consult a qualified solicitor or conveyancer who can interpret these details accurately and professionally. A solicitor can also establish the enforceability of a covenant, as not all covenants remain enforceable years after they were written. Professional guidance is invaluable in protecting your interests.
Checking previously unregistered land
If the property or land in question has never previously been registered, restrictive covenants may still exist but may not be easily identifiable through an online portal. In such circumstances, your conveyancer or solicitor must carefully examine previous deeds and historical documents linked to the property’s possession and ownership. These documents are typically held locally or by previous solicitors involved in past transactions and accessing them requires professional diligence.
The importance of expert legal advice
Although it may be tempting to handle searches yourself, restrictive covenants are a complex area of property law. Misinterpretation can lead to unintended breaches or significant financial losses. Engaging a specialist solicitor ensures comprehensive searches and accurate evaluations of all legal restrictions applicable to your property. A solicitor also helps confirm if covenants are still enforceable and guides appropriate steps if removal or amendment of a covenant is desired.
Final thoughts on restrictive covenants and the Land Registry
Irrespective of your interest in a property, rigorous due diligence through Land Registry searches is essential. Obtaining thorough and clear advice from experienced property solicitors will offer you confidence and clarity about restrictive covenants. Careful, expert-led analysis is the safest way to protect your investment, ensure compliance, and safeguard your future property plans.
