Deed of Release not registered against title

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Deed of Release not registered against title

Postby alpacaman » Wed Oct 25, 2017 4:44 pm

Bear with me. I am no expert (hence why I'm here) and the title register, plans and associated documents for ours and the neighbouring property (a group of converted barns) is pretty messy in my eyes.

In short, in a previous title document (TP1) transferring our neighbour's property to the previous owner from the previous owner of our property (who also happened to the the developer of both), covenants were put in place restricting the neighbour's ability to develop their land without permission and reserving the right for any building to be erected on the land now owned by us. A declaration in the transfer document makes clear that these covenants apply to "any assigns or successors" which I presume means the present owners, i.e. us and our neighbours.

However, I have just discovered a note in the charges register of the neighbour's title document referring to a Deed between the previous owner of our property and the previous and current owners of the neighbouring property that "is expressed to contain a release of covenants for the benefit of title number XXXX as therein mentioned" (where XXXX is the title number of our property). It was dated at the same time our neighbours bought the property.

I'm currently in the process of obtaining this deed from the LR (I assume their solicitor saw something they didn't like and the parties agreed to change it), but I note that there is no reference to this Deed anywhere in our title register, even though it is specifically mentioned in their register.

Surely such a release affecting a specific title number should also have been registered against that title? If it has not been, is it valid?
alpacaman
 
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Re: Deed of Release not registered against title

Postby ukmicky » Wed Oct 25, 2017 11:10 pm

So if I read this correctly there was a restrictive Covenant benefiting your land preventing your neighbours from developing their land without the permission of the owners of your land and the previous owners of your land released that Covenant and the deed of release has only been mentioned on the charges register for your neighbours title the burdened land.

If that is so it only being recorded on the neighbours title will not affect its validity. There is actually no requirement for the covenant that burdens land to be noted on the register of the benefiting land and likewise there is no requirement to note the release on the title of the land that was benifiting from the covenant.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Deed of Release not registered against title

Postby alpacaman » Thu Oct 26, 2017 3:26 pm

Thank you for your reply. Your assumptions are correct and thanks for the clarification. Should this situation be normally picked up by a solicitor during the conveyancing process? Seems strange that a release of convenants which benefit the property being purchased could be effectively ‘hidden’, thus leading the purchaser to believe one thing to be true, when in fact it is not the case.
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Re: Deed of Release not registered against title

Postby ukmicky » Fri Oct 27, 2017 2:11 am

Equitable interests in land vs legal interests in land.

The land registry can only place on your register of title things that are classed as legal interests in land.The benefit of a restrictive covenant is not classed as a legal interest in land as it is only enforceable under equity not under common law.


As far as it being picked up by your conveyancer it may have been but even if it were as it has been released and neither harms or benefits your property there would have been no need to inform you . Also conveyancers don't normally or automatically check the title registers of neighboring properties unless during the normal conveyancing process something pops up that needs to be looked at in greater depth. If you ask them to they will but that will be at extra cost to you.
Advice given is not legally qualified and you are advised to gain a professional opinion
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