Perplexed by property law? Relax, Associate Naushin Malik is here to answer your most pressing questions...

I am buying a property that is subject to a couple of rights of light agreements from the late 1800s. The Land Registry does not hold copies of these documents and the seller has no further information. Should I be concerned about these agreements affecting the property I am about to purchase?

In some cases the title to a property will state that the property is subject to, and/or has the benefit of rights contained in a document which has never been produced to the Land Registry. This reference may have been added by the Land Registry when, for example, a document was produced on first registration that referred to an earlier document which could not be produced.

Unfortunately, the Land Registry itself says that documents are often missing and not filed under a title number. As well as the possibility of documents having been destroyed by fire or water or having been lost, the Land Registry has, through different periods of its history, operated different policies as to which documents should be filed and which documents should be examined and then returned to the owner without a copy being permanently filed.

If you are looking for a missing document under one title number, it may be worth searching against title numbers of surrounding properties, because a document may be relevant to more than one title and so may well be filed under another title. Another option is for the seller to confirm if they or their bank are holding the original deeds. Sometimes historical land documents find their way to county record offices which is another potential avenue to explore.

As part of the investigation of title, your solicitors will examine the official copies for the property filed at the Land Registry. Given the rights of light agreements are missing, I presume that your solicitors have raised queries with the current property owner. You will need to be satisfied as to the status of the rights of light agreements prior to exchange of contracts.

If no information is availabe from the property owner, then you will need to consider your options as to what effect the unknown rights might have on the property and whether they are likely to be enforceable.

Firstly, you will need to consider the age of the document in question. In your situation, the documents are over 100 years old and the rights contained therein may have been long forgotten so you may be willing to take a view. You will also need to consider the age of the property. If the building on the property is old enough that the rights of light have not been exercised for a considerable length of time, it is highly unlikely that a court would grant an injunction for demolition of the property in order that the right can continue to be exercised. You should also consider the nature of the property. A large country estate could be subject to a number of rights for example, fishing or grazing. However, smaller residential properties are unlikely to be subject to extensive rights.

In any event, you should enquire whether the seller is aware of the rights in the agreements having been exercised. Depending on the answer you receive, if you are not satisfied that any unknown rights will not pose a threat and if you are unable to obtain a copy of the missing document, then it may be possible for you to insure against the risk. Who bears the cost of the insurance policy will be a matter of negotiation.

It is worth pointing out that even if you are relaxed about the agreements, if you are borrowing money to finance the purchase of the property, your bank may well insist upon indemnity insurance being in place. Lenders are often more cautious than their borrowers.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.