HM Land Registry: Simplifying the registration of personal covenants

HM Land Registry (HMLR) is simplifying its process for the registration of personal covenants more consistent.

Customers now see (since 13 November) a new entry in the register in respect of personal covenants: 

HMLR will make this entry regardless of whether the deed refers to vendor’s or purchaser’s covenants or whether the covenants relate to restrictive covenants, charges, rent charges or landlord’s covenants in leases. Previously, the entry varied.

HMLR will not update existing registers until an application is lodged that prompts either a new entry, or consideration of an existing entry. In the latter scenario, HMLR will make an entry reflecting the new wording above if still required. The wording ‘a former proprietor’ will no longer be used.

What has not changed:

HMLR will continue to make no reference to personal or indemnity covenants when making an entry in the register owing to other matters contained in a deed, for example because it contains restrictive covenants or easements.

The concept of the “chain of indemnity”, which ensures that liability for a positive covenant’s breach is transferred with each property sale, will be maintained.

Why HMLR is making this change:

The change will simplify and streamline the entry on the register. By specifically referring to the deed in the register, that deed will now be available for immediate download through the portal, making it easier for customers to obtain an official copy of the deed containing full details of the personal covenant.

How this change will affect customers:

The main change is in what will be seen in the register. Customers may see a mixture of new and old-style entries or receive a completed register after 13 November that has the old-style entries because it was processed before the new practice took effect, but completion was delayed (for example, whilst additional information was sought).

It has always been necessary for customers to obtain a copy of the deed containing the specific details. Making a copy of the deed available for immediate download means they can interpret the covenant more quickly.

Kindly shared by HM Land Registry