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:
- Prevent buildings or structures being erected on the land.
- Prevent use of the land for business activity.
- Prevent residential development on the land.
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.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
- Conservation Area.
- Deed of easement.
- Derogation from grant.
- Easements.
- Encumbrances.
- Land acquisition.
- Land register.
- Leasehold covenants.
- Liens.
- Listed building.
- Modifying a restrictive covenant.
- Party structure notice.
- Quiet enjoyment.
- Overage.
- Right to light.
- Right to a view.
- Rights of way.
- Servient estate.
- Site of Special Scientific Interest.
- Tree rights.
- Tree preservation order.
- Trespass.
- Wayleave.
[edit] External references
- Conveyancing warehouse: Restrictive Covenants and Conveyancing.
- Restrictivecovenantes.co.uk
Featured articles and news
Non-material amendments can sometimes be necessary after planning permission has been granted. Find out more here.
Six things civil engineers could do to ensure the success of projects.
Dublin housing crisis restricts employers' ability to recruit, according to new U+I research.
Intricate inlays and beautiful patterns can be created with waterjet cutting.
Two historic quarries in environmentally sensitive areas were reopened to repair Exeter Cathedral.
The phrase ‘time at large’ describes the situation where there is no date for completion, or it has become invalid.
The Maldives is under threat from climate change. Read this report from BRE on their potential involvement in the region.
MHCLG update states there are still 124 private high-rise buildings with unsafe cladding and no remediation plan.
Starting a new built environment degree? We have a wide range of resources aimed at students.
Former railway chief James Blake says trust and control are key to successful infrastructure projects.