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] Related articles on Designing Buildings Wiki
- Burdens.
- Deed of easement.
- Derogation from grant.
- Easements.
- Encumbrances.
- Land register.
- Leasehold covenants.
- Liens.
- Modifying a restrictive covenant.
- Overage.
- Rights over land.
- Right to light.
- Right to a view.
- Rights of way.
- Servient estate.
- Wayleave.
[edit] External references
Featured articles and news
ECA 2024 Apprentice of the Year Award
Entries open for submission until May 31.
UK gov apprenticeship funding from April 2024
Brief summary the policy paper updated in March.
For the World Autism Awareness Month of April.
70+ experts appointed to public sector fire safety framework
The Fire Safety (FS2) Framework from LHC Procurement.
Project and programme management codes of practice
CIOB publications for built environment professionals.
The ECA Industry Awards 2024 now open !
Recognising the best in the electrotechnical industry.
Sustainable development concepts decade by decade.
The regenerative structural engineer
A call for design that will repair the natural world.
Buildings that mimic the restorative aspects found in nature.
CIAT publishes Principal Designer Competency Framework
For those considering applying for registration as a PD.
BSRIA Building Reg's guidance: The second staircase
An overview focusing on aspects which most affect the building services industry.
Design codes and pattern books
Harmonious proportions and golden sections.
Introducing or next Guest Editor Arun Baybars
Practising architect and design panel review member.
Quick summary by size, shape, test, material, use or bonding..