Land Law

Taking account of the situation offered, Peter has found the land which is not registered and he is willing to buy it. Before he does it, there are certain issues that should be strictly considered. The purchaser should investigate the title deeds on each transaction that was made and that concerned the land. The second thing, which is one of the most important, is the first registration of the title. Rights that affect unregistered land must be also registered as land charges at Land Registry. If the land titles are unregistered, they are subject to Land Charges Act of 1972. So, in the given situation we have three matters that will somehow affect the purchaser’s title to the property. I will estimate the impacts and legal consequences of each taking into account that the title is not registered and provide the answer to how these matters will differ in case the title is registered The title of property is considered to be a legal document, which is usually a certificate that demarcates the property being in the possession of a person. All things that influence your property are listed on the title. Also, the information about the owner or owners is included on the title. To be more exact, this legal document shows mortgages and caveats, easements, rights of way or covenants. Covenants in this case may disadvantage the property or benefit it. The negative covenants are known as restrictive covenants. In my case, Peter considering purchasing a freehold house from Vincent has restrictive covenants made twice. “A restrictive covenant is the private agreement between land owners where one party will restrict the use of its land in some way for the benefit of another’s land. Restrictive covenants, once agreed between the parties, are placed in the title deeds to the property” (Restrictive covenants). Such covenants bind the land but they don’t bind the parties. And the covenants keep on existing when the original parties who own the property sell it to other people. Moreover, they carry on having effect even if they were made a long time ago and turn out to be obsolete no matter if such restrictions are registered or not. That’s why in the situation given, the restrictive covenants made in 1922 and 1945 will still be in use and will affect Peter’s title to the property in terms of limiting his ability to use the property of land, as it is one of the most common uses of such covenants. Talking about the informal arrangement, it needs to be said that this kind of agreement is not bound by legislation and it doesn’t have the formalized style (a contract). The informal arrangement allows negotiating orally and coming to the final conclusion which suits both parties. In the given case we see that Vincent made an informal arrangement with his neighbor some years ago to let access to the neighbor’s garage by using a track across the bottom of the Vincent’s garden. On the one …