Owning a property doesn’t always mean it is yours to do what you like with.
Sometimes, land and buildings are subject to ‘restrictive covenants’, which restrict what a homeowner or landowner can and cannot do.
What is a restrictive covenant on a property?
A restrictive covenant is a legally binding clause written into the title deeds of a property that limits what can or cannot be done at the property.
Some examples of restrictive covenants are:-
- Building restrictions. No more than one dwelling may be built on the land.
- Use restrictions. A house may not be converted into flats or a property may not be used for commercial purposes.
- Alteration restrictions. Certain alterations may not be made at all and others only with the consent of another party.
- Parking restrictions. Caravans or commercial vehicles may not be parked at the property.
- Animal restrictions. A limit is placed on the number or type of animals that may be kept at the property.
- Maintenance restrictions. The owner is required to undertake certain exterior maintenance such as mowing the lawn or keeping the fences in repair.
Do all properties have restrictive covenants?
Not all properties are subject to restrictive covenants although they can apply to freehold as well as leasehold properties.
New builds, multi-dwelling residential properties, housing estates and ex-local authority homes are most likely to have restrictive covenants attached to them, but they can be associated with older properties as well.
Restrictive covenants are often imposed by developers in order to maintain community standards and to preserve the nature and character of a particular development or estate.
They are also common in a property sale where the seller is retaining some adjoining land in order to ensure that no substantial alterations are carried out which might negatively impact the seller’s retained land.
How long do restrictive covenants last?
Many covenants ‘run with the land’, which means that they are passed down from one owner to a subsequent owner.
How do I know if a property has restrictive covenants?
Details of a property’s restrictive covenants are found in the title deeds and they should be discovered during the searches a solicitor normally carries out as part of a property purchase.
If you are unsure whether your property has any restrictive covenants attached to it, you should check with a solicitor. A specialist property lawyer can help identify any restrictive covenants and establish whether they are still enforceable.
Similarly, if you wish to remove or change a restrictive covenant that is registered against your property, an experienced property lawyer can advise you whether this is possible and if so, the best way to go about having it removed.
London has the highest number of property restrictive covenants in England and Wales, according to the most recent data from HM Land Registry, with figures showing that there were 42,000 restrictive covenants in place on properties across the capital in August 2021, equating to almost one restrictive covenant for every 90 properties.
If you need legal advice on restrictive covenants, speak to Beverley Morris & Co. Solicitors. From our offices in Blackheath, we help individuals, families and businesses across London and the surrounding areas with property law matters.
For more information or to speak to our Residential Conveyancing team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.
What happens if you breach a covenant?
If you breach a restrictive covenant, you should seek immediate legal advice. Breaching a covenant leaves you open to potential legal action from another party and you might have to undertake remedial works or pay compensation and legal costs to the party who has been affected.
Restrictive Covenants Blackheath
Restrictive covenants in areas like Blackheath can be diverse and are often found on private estates or in developments where a landowner wishes to control how the property is used.
One of the most high-profile examples of restrictive covenants in Blackheath can be found in the case of Blackheath Cator Estate.
In this instance, a property within the Blackheath Cator Estate was subject to a covenant restricting the use of the land to a sports ground or for building detached houses for private residences.
When a developer sought to modify this covenant to build terraced houses and apartments as well as detached houses, they faced objections.
When the case was heard, the tribunal agreed that the sports ground restriction was obsolete and the restriction on building detached houses was successfully modified to allow for other forms of development.
Property Solicitors Blackheath
If you have any questions about restrictive covenants, please contact Beverley Morris & Co. Solicitors.
Based in Blackheath, we can advise property owners on the strength and substance of any restrictive covenants contained in their title deeds. Alternatively, we can assist clients who are facing a potential breach of covenant claim.
Our experienced property lawyers can also advise developers on the restrictive covenants usually contained in the grant of a new lease.
For more information about our residential property legal service, click here.
Or to speak to our Residential Conveyancing team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.