Last edited 18 Jul 2018

Restrictive covenant

A restrictive covenant, is a restriction imposed by a seller of a piece of land that prevents the buyer from using it in a way that could cause harm to land the seller has retained.

Restrictive covenants might:

For a restrictive covenant to be enforceable the land benefiting from the restriction must be identified, and the benefit must have passed to the person trying to enforce it.

Restrictive covenants may have an expiry date, and may in practice turn out to be unenforceable.

In certain circumstances, where the restriction may have become inappropriate, the the Lands Tribunal (now the Upper Tribunal (Lands Chamber)) may have the power to modify or discharge it.

For an example case, see Modifying a restrictive covenant.

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