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Understanding Restrictive Covenants and Property Rights in Real Estate Transactions

REAL ESTATE - MCQ's Entry 2 of a Charges Register states that a conveyance dated 5 October 1999, made between Edward Charles Rigley (1) and Euan Andrew Palenbella (2), contains restrictive covenants. The Land Registry does not have a copy of this conveyance. Which ONE of the following statements about the contents of the conveyance is CORRECT? A) A buyer would be bound by the covenants contained in the missing conveyance, because the Charges Register refers to them. B) A buyer would not be bound by the covenants contained in the missing conveyance, because the terms of the covenants cannot be ascertained. C) A buyer would be bound by any covenants relating to the Property. D) A buyer would only be bound by the covenants contained in the missing conveyance if the covenants had been stated in full in the Charges Register. A =The covenants in question are contained in a 1999 conveyance. They are identified as being restrictive and so, regardless of the fact that the details are unspecified, will bind. You act for ABC Limited on the purchase of an office building, Sealand House ("the Property"). You have received official copies of the title and have discovered the following entry on the Property Register: "The property has the benefit of the rights reserved in a conveyance dated 14 May 1973 and made between (1) Rouse Limited and (2) Belinda Clark and Andrew Clark. Note: A copy of this conveyance is filed at the Land Registry." Which ONE of the following statements is CORRECT? A) The rights burden the Property and will bind ABC Limited should it complete its purchase. B) There is no need to discover anything further about these rights as they do not burden the Property. C) The seller cannot be asked questions about these rights as they do not burden the Property. D) You should request a copy of the 1973 conveyance from Land Registry or from the seller to discover more about the nature of the rights. D You need to find out the details of the existence of a restriction regarding a legal charge. Which ONE of the following statements is CORRECT? A) You would need to look on the proprietorship register. B) You would need to look on the charges register. C) The Land Registry does not keep a record of legal charges affecting the registered titles. D) You would need to look on the property register. A = Restrictions always appear in the Proprietorship register. The following searches would reveal answers in their results about adopted roads. Which ONE of the following statements is CORRECT? A) The existence of adopted roads would be revealed in the Optional Enquiries of the Local Authority (CON29O). B) The existence of adopted roads would be revealed in the Local Land Charges Search. C) The existence of adopted roads would be revealed in the Enquiries of the Local Authority (CON29). D) The existence of adopted roads would be revealed in the OS1 search. C The results