![]() ![]() An example of restrictive covenant would be ‘not to use the land and the dwelling thereon as anything other than a private residence for a single family” or “not to obstruct the right of way over the pathway shown coloured blue on the plan to this Transfer”. ![]() The Covenant will usually be contained in a prior deed or transfer of the land. Restrictive Covenants are usually discoverable whilst title is being investigated as part of the normal conveyancing process. ![]() Restrictive CovenantsĪ Restrictive Covenant is an obligation not to do something in relation to the land in question. Quite simply, a deed of covenant is a legal agreement between a party with an interest in the land, such as a Landlord, Management Company or owner of adjoining property, and the purchaser. Inquiry or prejudice to the defendant in the event the relief is afforded the complainant or the suit is not held to be barredģ.When you are buying or renting property, it is fairly common for you to come across terms such as “deed of covenant.” “restrictive covenant” or “positive covenant”Īlthough it may sound daunting and complex, deeds of covenant are actually relevant to a great many property sales and transfers around the country. Lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suitĤ. Delay in asserting the complainant’s rights, the complainant having had knowledge or notice, or the defendant’s conduct and having been afforded an opportunity to institute a suitģ. Conduct on the part of the defendant or of one under whom him or one under who he claims, giving rise to the situation of which complaint is made and for which the complainant seeks reliefĢ. THE RTC HAS EXCLUSIVE JURISDICTION OVER AN ACTION FOR RECONVEYANCE THE OWNERS OF THE PROPERTY OVER WHICH RECONVEYANCE IS BEING SOUGHT ARE INDISPENSIBLE PARTIES WITHOUT WHOM NO RELIEF IS AVAILABLE ACTION FOR RECONVEYANCE MAY BE BARRED BY THE STATUTE OF LIMITATIONS LACHES MAY BAR RECOVERYġ. > Court must have jurisdiction over the defendant ![]() > Directed against specific persons and seek personal judgments > Binding only upon the parties properly impleaded and duly heard or given an opportunity to be heard That the defendant has illegally disposed him of the sameĪCTION FOR RECONVEYANCE IS AN ACTION IN PERSONAM That the plaintiff is the owner of the landĢ. > Action in personam that it is always as long as the property has not passed to an innocent purchaser for valueġ. > Action for reconveyance still available as remedy > Property is deemed to be held in trust for the real owner by the person in whose name it is registeredĭECREE BECOMES INCONTROVERTIBLE AFTER 1 YEAR FROM THE ISSUANCE OF DECREE > Seeks to transfer or reconvey the land from the registered owner to the rightful owner > Only to show that the person who secured the registration of the questioned property is not the real owner thereof > After one year from the issuance of the decree, may bring action for reconveyance of the property Legal and equitable remedy granted to the rightful owner of the land which has been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him ![]()
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