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I had a discussion with colleagues after this and sending clients a clear explanation of what a covenant is, is not always followed. The response was "we get an indemnity policy" and "we try to follow up to ask for copies of any relevant documents". Of course from now on the absolute policy is to send ANY COVENANT to the client with an explanation. In 99% of cases it won't make any difference whatsoever, but it prevents the client from suing for professional negligence on the grounds that they have a defective title (or heaven forbid the Legal Ombudsman awarding compensation for upset and distress). Round here we have a lot of Victorian and Georgian era properties and homes built on plots of land from those times. They have all sorts of covenants about not opening up butchers shops or storing candles and hawking wares on the streets. Most of the area has some sort of mining lease reservation to a long since gone enterprise, with two pages of covenants and restrictions. I think the familiary with such covenants which are irrelevant and which nobody is probably able to enforce leads to lax behaviour.

Of course conveyancing's biggest problem is the routine is routine, and the non-routine is unusual.