Covenants – Effect of Acquisition of fee simple on Covenants

• Original version: <a href='/vid/covenants--effect-of-907695910'>Covenants – Effect of Acquisition of fee simple on Covenants</a>

1. Covenants where the Fee Simple is acquired outside the Landlord and Tenant (Ground Rents) Act 1967 and the Landlord and Tenant (Ground Rents)(No 2) Act of 1978

In all such cases it is to be accepted that none of the covenants created by the lease have survived the merger. If the deed acquiring the fee simple interest purports to preserve, create or recreate a covenant the case is to be referred to the Deputy Registrar. The Affidavit of Discovery is to be relied on completely and no query is to be issued regarding the possible continuation of any covenant whether a “Building Scheme” implied covenant or a conventional lease covenant.

2. Covenants where the Fee Simple is acquired under the Landlord and Tenant (Ground Rents) Act 1967 and the Landlord and Tenant (Ground Rents)(No 2) Act of 1978

It is to be accepted without question that no covenants created by...