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Land Law - Protection of Freehold Covenants
it is necessary to reiterate these ideas here along with the various regulations that pertain to either registered or unregistered land.
Registered Land
S 29 The Land Registration Act of 2002, which stipulates that the burden of a covenant in equity can pass in registered land, will be applicable. This is because the Act specifies that the successor in title must be a purchaser for valuable consideration, meaning they must be paying market value for the property.
b) A notice has been filed against the burdened land's title.
After then, this will show up in the title deeds' charges registry.
Unregistered land
Covenants made prior to January 1, 1926, are subject to the doctrine of notice rule, which means that easements do not need to be registered in order to be effective. This implies that if you are a purchaser for valuable consideration and you were not informed of the covenant, you will not be bound by it.
Covenants made after January 1, 1926 (the date the LPA 1925 went into effect), must be registered as a Class D(ii) land charge against the original covenantor's name. Upon first registration, the covenants would be registered as a notice against the burdened title.
it is necessary to reiterate these ideas here along with the various regulations that pertain to either registered or unregistered land.
Registered Land
S 29 The Land Registration Act of 2002, which stipulates that the burden of a covenant in equity can pass in registered land, will be applicable. This is because the Act specifies that the successor in title must be a purchaser for valuable consideration, meaning they must be paying market value for the property.
b) A notice has been filed against the burdened land's title.
After then, this will show up in the title deeds' charges registry.
Unregistered land
Covenants made prior to January 1, 1926, are subject to the doctrine of notice rule, which means that easements do not need to be registered in order to be effective. This implies that if you are a purchaser for valuable consideration and you were not informed of the covenant, you will not be bound by it.
Covenants made after January 1, 1926 (the date the LPA 1925 went into effect), must be registered as a Class D(ii) land charge against the original covenantor's name. Upon first registration, the covenants would be registered as a notice against the burdened title.
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