Website Cookies

We use cookies to make your experience better. Learn more on how here

Accept

Enforcing restrictive covenants in respect of a property

Many properties have restrictive covenants included in their title. These restrict what can be done at the property.

If a restrictive covenant is breached, then it is open to the person with the benefit of the covenant to bring enforcement action.

What is a restrictive covenant?

A restrictive covenant is a clause included in a property’s title that restricts an occupier of a property in some way. Examples include:

  • Not to add extensions to the front of a building
  • Not to add extensions or outbuildings above a certain size or height
  • Not to run a business from the property
  • Not to plant hedges or trees at the front of a property
  • Not to play music or an instrument at a property after a certain time
  • Not to store a caravan at the property

New build properties in particular tend to include a large number of restrictive covenants. These are intended to ensure that the appearance of an estate is not altered and that those living there are protected from having to deal with unwanted noise or buildings.

Restrictive covenants apply to the land, not the owner, meaning that they remain in existence even when a property is sold.

Enforcing restrictive covenants

The person with the benefit of the restrictive covenant can take action to enforce any infringements. In respect of a new property, this will generally be the builder or a management company, if the benefit has been transferred.

In respect of a leasehold property, the landlord will be able to enforce restrictive covenants.

If a restrictive covenant has been breached, it is open to you to request that the person with the benefit of the covenant takes action to enforce it.

To be enforceable, a restrictive covenant must not be:

  • Ambiguous or uncertain
  • Prohibited by competition law
  • Contrary to public policy
  • Assigned to a third party

In respect of a new estate, you can ask the builder to take action to enforce a covenant. In reality, they may only be interested in doing this if they are still in the process of selling properties there. Once they have finished developing the site and they have no more plots to sell, they will have little interest in bringing legal action.

If they are still active at the site, they may send a letter to the person breaching the covenants, asking them to rectify matters. Often, this is enough to resolve the situation.

If the restrictive covenant is in respect of a flat, you generally have the right under the terms of the lease to ask the landlord to enforce covenants against other flat owners.

If you own the benefit of a restrictive covenant, then you can bring legal action yourself to enforce it. It is generally advisable to try and resolve matters by negotiation initially.

If you would like to speak to one of our expert property lawyers, ring us on 0333 305 5189 or email us at info@lpropertylawyers.co.uk

General

Our 7 top tips to add value to your home on a budget

If you want to increase the value of your property while sticking to a budget, there are a range of options available. We look at how to make improvements without breaking the bank. When selling your property, you will want to ensure it has an edge over the competition and achieves the best price possible....
READ POST
General

Understanding Squatters’ Rights

A squatter may sometimes be able to claim ownership of property if certain conditions are met. Also referred to as adverse possession, squatting does not need to be occupation of a whole house, it could be of a small area of land, such as a parking area or part of a garden. If you are...
READ POST
Purchase

What to look out for when buying a coastal home

For many people, buying a coastal home and living by the sea would be a dream come true. But it pays to be aware of the implications of coast living and understand one or two potential drawbacks. We look at some of the points to take into consideration before taking the plunge. A seaside home...
READ POST

Get in touch today

We would love to hear from you, whatever your query, our experienced team can help get your property transaction moving. Please get in touch today by calling 0333 305 1012. Alternatively, complete our online enquiry form below and we will get back to you.

LPL Main Contact Form

"*" indicates required fields

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply
New Business

0333 3055 249

Our Address

5th Floor Delphian House
Riverside
New Bailey Street
Manchester
M3 5FS

Opening Hours

Monday – Thursday
9am to 5.30pm

Friday
9am to 5pm

LPL and Leading Property Lawyers are trading styles of Read Roper and Read Solicitors Limited which is a Company registered in England & Wales (Company No.11269980) and is regulated by the Solicitors Regulation Authority under registration number 658171. We have been awarded the Law Society´s Conveyancing Quality Scheme (CQS), an accreditation which recognises the country´s leading conveyancers. A list of Directors is available at the registered office. The term ‘Partner’, if used, denotes a Director.