What is a restrictive covenant?

A restrictive covenant is a legal condition that affects what a homeowner can and cannot do with their land or property.

Restrictive covenants cover just about any issue you can imagine that might arise between homeowners, but some examples include prohibitions on:

• Building extensions or erecting structures on your land
• Running a business or trade from your property
• Converting the property (e.g. from one home to a block of flats)
• Changing the appearance of your property
• Subdividing your land
• Erecting masts or satellite dishes
• Growing hedges or trees above a certain height
• Keeping animals on the property

Should you think about restrictive covenants when buying a new home?

Definitely, yes. Restrictive covenants can have a major impact on the way you are allowed to live and operate in your home.

How could a restrictive covenant affect you?

You have to follow restrictive covenants, so it’s vital to check that the ones affecting your land and property aren’t going to limit you in unacceptable ways.

For example, developers will often add restrictive covenants when selling new build properties that prevent you from doing things that impact the wider development, such as parking a caravan on your driveway or installing a satellite dish.

Depending on what type of restrictive covenant is in place, you may even struggle to get a mortgage for the property. You should also consider the future saleability of the property when entering into new restrictive covenants for this reason.

Restrictive covenants could affect you even if you didn’t agree to the original covenant with the original beneficiary. This is because restrictive covenants ‘run with the land’, which means that they affect successive landowners, not just the landowner who agreed to the restrictions.

What happens if you breach a restrictive covenant?

You can be sued by the person who benefits from the restrictive covenant (the beneficiary) and may be forced to stop doing the restricted activity, return the land to its original state (such as pulling down an extension) or even pay damages to the beneficiary.

Who can enforce a restrictive covenant?

Because of the successive nature of restrictive covenants, it can sometimes be hard to work out exactly who can enforce them. Typically, it will be the landowner who benefits from the restrictive covenant. It can take some investigation to establish exactly who this is, so it’s important to seek legal advice.

Are all restrictive covenants enforceable?

Restrictive covenants must fulfil specific legal criteria to be enforceable. Our solicitors can review your title documentation to assess whether a restrictive covenant is enforceable and provide advice.

Can you change or get rid of a restrictive covenant?

It may be possible to negotiate with the beneficiary of the restrictive covenant for consent to do the restricted activity or work.

If the beneficiary declines to consent, tries to charge an expensive fee, or cannot be located, you can apply to the Lands Chamber of the Upper Tribunal to modify or discharge the restrictive covenant. This can be a lengthy and stressful process, so careful consideration is needed before you take action. We can provide practical advice about making an application and represent you during proceedings.