Quick answer
A restrictive covenant is a legal obligation limiting how land or property can be used, often affecting future owners. In most cases, they run with the land and can restrict activities such as building or business use. Removing or modifying a restrictive covenant usually requires agreement from the party benefiting from it or a successful application to the Lands Tribunal, depending on circumstances.
On this page
- Understanding Restrictive Covenants
- Common Types of Restrictive Covenants
- How Do Restrictive Covenants Affect Conveyancing?
- Can a Restrictive Covenant Be Removed?
- What Happens if a Restrictive Covenant Is Breached?
- Leasehold Properties and Restrictive Covenants
- How to Check for Restrictive Covenants During Property Purchase
- How we can help
Understanding Restrictive Covenants
A restrictive covenant is a type of legal restriction placed on land or property. It usually restricts how a property owner can use their land, such as prohibiting certain building types, commercial activities, or alterations. These covenants are often created by previous owners or developers to protect the character or value of a neighbourhood.
In England and Wales, a restrictive covenant is usually binding on future owners of the property, meaning it "runs with the land". This means if you buy a property subject to such a covenant, you will generally be required to comply with its terms.
It is important to note that the law regarding restrictive covenants differs in Scotland and Northern Ireland, where different systems and rules apply.
Common Types of Restrictive Covenants
- Restrictions on building extensions or height limits
- Limitations on commercial or industrial use
- Prohibitions on activities such as keeping livestock or certain trades
- Requirements to maintain a garden or external appearance
How Do Restrictive Covenants Affect Conveyancing?
Restrictive covenants can significantly affect your plans for a property. For example, if you want to build an extension or run a home business, a covenant might prevent you from doing so.
During conveyancing, your solicitor or conveyancer will usually check for any restrictive covenants on the property title or via property searches. Understanding these restrictions before completing a purchase is vital to avoid unexpected limitations.
For more insight on common conveyancing issues, see our guide on common conveyancing problems.
Can a Restrictive Covenant Be Removed?
Removing or modifying a restrictive covenant is possible in some situations but can be complex. Possible routes include:
- Agreement with the person or organisation benefiting from the covenant: Sometimes called the "covenantee", this could be a neighbour, a management company, or a developer. Their consent is often needed for removal or modification.
- Application to the Upper Tribunal (Lands Chamber): If agreement cannot be reached, in most cases you may apply to the tribunal to discharge or modify the covenant. The tribunal considers factors such as whether the covenant is obsolete, whether it affects reasonable use, and whether the benefit of the covenant would be harmed.
- Expiration or abandonment: Some covenants may have time limits or be deemed abandoned if not enforced for years, though this is less common.
Seeking professional advice is recommended if you believe a restrictive covenant is unfairly limiting. Note that court or tribunal proceedings may take time and involve costs.
What Happens if a Restrictive Covenant Is Breached?
If you or a previous owner disregard a restrictive covenant, the party benefiting from the covenant can usually seek legal remedies. These might include injunctions requiring you to undo the breach or claims for damages.
It’s important to fully disclose any restrictive covenants when selling a property to avoid future disputes. Failure to do so can jeopardise the sale and invite legal claims.
Leasehold Properties and Restrictive Covenants
For leasehold properties, there might be similar restrictions within the lease terms, which can be considered a form of restrictive covenant. These covenants usually govern behaviour within the building or estate, such as noise restrictions or alterations.
See our detailed information on leasehold conveyancing for more about managing covenants in leasehold situations.
How to Check for Restrictive Covenants During Property Purchase
When buying a property, your conveyancer will check the title documents for any stated covenants. They may also recommend searches or enquiries to uncover unusual or unregistered restrictions.
If you want to understand how searches help spot issues, visit unusual property searches.
It’s wise to ask for a conveyancing quote early so you can factor these checks into your budget: Get a quote today.
How we can help
At Affordable Conveyancing, we introduce you to regulated conveyancers who understand the complexities around restrictive covenants. Whether you are buying, selling, remortgaging, or dealing with leasehold or specialist properties, we provide fixed-fee, itemised quotes so you know the costs upfront.
Our conveyancers can guide you through any covenant issues highlighted during your property transaction and explain your options clearly.
To start, visit our get a quote page for no-obligation conveyancing quotes tailored to your property.
Frequently asked questions
What is a restrictive covenant in property?
A restrictive covenant is a legal promise that limits how land or property can be used, often to protect the interests of neighbouring owners or the character of an area.
Can I buy a house if it has a restrictive covenant?
Yes, but you should understand the covenant’s terms as they may limit what you can do with the property. Your conveyancer will highlight any significant restrictions during the process.
How can I remove a restrictive covenant?
You usually need the agreement of the party benefiting from the covenant or apply to the Upper Tribunal (Lands Chamber) to discharge or modify it, which depends on several legal factors.
Are restrictive covenants the same across the UK?
No. Restrictive covenants operate under different legal systems in Scotland and Northern Ireland, so this information specifically applies to England and Wales.
This guide is general information about the law in England and Wales as at the date shown above. It is not legal advice. Every property is different, so ask your conveyancer about your own situation. More in Conveyancing problems and how they're solved.
