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There are two main types of covenant which can be recorded on the land register, namely personal and restrictive covenants.

Once registered, restrictive covenants continue to bind the land/property indefinitely. As time passes or circumstances change the covenants may become outdated e.g. housing densities imposed in the early 1900's may not fit with current redevelopment plans.

In many cases the land/property owner will try to get the covenants removed. For a restrictive covenant to be removed it must be clear that the whole of the land which has the benefit can be precisely identified and that all the persons having an interest in that benefitting land have joined in and agreed to the removal - this is a rare occurrence.

Such an agreement would be reflected in a legal deed executed by each party. An application would then be made to either remove the restrictive covenant(s) or reflect the contents of the Deed.

Restrictive covenants can also be extinguished by the Upper Tribunal (Lands Chamber) where they have decided for example that the covenant is out of date/touch with modern times

Personal covenants tend to fall or are removed as and when the ownership changes although there are circumstances where they can continue - the question however is routinely raised with restrictive covenants in mind so the answer is limited to that context as a result.

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Q: Who can remove covenents from land registry details?
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