Restrictive Covenants and Personal Covenants
Where to Find Restrictive and Personal Covenants
Both restrictive and personal covenants, where they exist, will affect the property they burden in some way or other, and accordingly the Land Registry will copy the salient details of important covenants into the Title Register. Where the detail is lengthy only the important parts of it may appear in the Title Register, but the Land Registry will also copy the Deed containing the covenants, and make a note on the Register that it has done so. Any Deeds noted on the register as having been copied are available to purchase for a modest fee.
To obtain copies of these covenants, therefore, you should obtain a copy of the Title Register and Conveyancing Deeds.
Restrictive Covenants and Personal Covenants are different creatures, and their distinction should be known.
Restrictive Covenants are covenants made between a purchaser and vendor, that "run with the land" and burden a property, for example, a covenant not to develop the land or to use it for commercial purposes. Such covenants, because they run with the land, burden it even if the property is sold to someone else. Restrictive Covenants are recorded in the C section of the Title Register; if lengthy, they may appear in a Schedule at the end of the C section. More detail of the Covenants is contained in the Conveyancing Deeds.
Sample extract from the C Section of a Title Register containing Restrictive Covenants
The above sample covenant continues for several more pages, but is not iterated in this article. However, the length and detail of restrictive covenants can be easily gleaned from the above extract. The conveyance referred to in the sample is the deed that created the restrictive covenants. it has not been copied by the Land Registry and is not therefore available for purchase. This is because the entirety of the covenants have been iterated in the Title Register.
Personal Covenants are covenants which do not run with the land, and usually relate to an action that the Purchaser has agreed to take when buying the property, e.g. erecting a stock proof fence. They do not burden the land and are only enforceable against the person making the covenant, although a new owner may be required to enter into a covenant in similar terms when buying the property. They are recorded in the B section of the Register, and again, are often detailed more thoroughly in the Conveyancing Deeds.
Sample extract from the B section of a Title Register containing Personal Covenants