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