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Part XI E+W Miscellaneous

NoticesE+W

200 Notice of restrictive covenants and easements.E+W

(1)Where land having a common title with other land is disposed of to a purchaser (other than a lessee or a mortgagee) who does not hold or obtain possession of the documents forming the common title, such purchaser, notwithstanding any stipulation to the contrary, may require that a memorandum giving notice of any provision contained in the disposition to him restrictive of user of, or giving rights over, any other land comprised in the common title, shall, where practicable, be written or indorsed on, or, where impracticable, be permanently annexed to some one document selected by the purchaser but retained in the possession or power of the person who makes the disposition, and being or forming part of the common title.

(2)The title of any person omitting to require an indorsement to be made or a memorandum to be annexed shall not, by reason only of this enactment, be prejudiced or affected by the omission.

(3)This section does not apply to dispositions of registered land.

(4)Nothing in this section affects the obligation to register a land charge in respect of—

(a)any restrictive covenant or agreement affecting freehold land; or

(b)any estate contract; or

(c)any equitable easement, liberty or privilege.