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Legal & Title

Title register, ownership, charges and restrictions

Easements and Rights of Way

Private access and service routes across a plot

An easement is a right one plot holds over another, such as a right of way or a drain. It attaches to the land, so it passes to each new owner automatically. The property register lists rights this plot benefits from; the charges register lists rights burdening it. HM Land Registry keeps both for England and Wales; Scotland calls them servitudes and Northern Ireland records folio burdens.

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Registered Charges and Restrictions

Mortgages and consents a sale needs

A registered charge is a mortgage or other security recorded against a title. A restriction is a separate entry blocking registration of a sale until a stated condition is met. Charges sit in the charges register; restrictions sit in the proprietorship register. HM Land Registry records both for England and Wales; Scotland and Northern Ireland use their own registers.

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Restrictive Covenants

Binding promises limiting how land is used

A restrictive covenant is a promise, given in a past deed, not to do something on the land. It binds every later owner, not just the person who gave it. Common ones forbid building, trading from the house, or keeping livestock. HM Land Registry records them for England and Wales; Scotland and Northern Ireland call the equivalent a burden.

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Title Register

Official record of ownership and burdens

A title register is the official record of who owns a registered plot and what binds it. Three parts make it up: the property register, the proprietorship register and the charges register. Between them they describe the land, name the owner and list mortgages, covenants and rights. HM Land Registry maintains it for England and Wales; Scotland and Northern Ireland keep separate registers.

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