166 thoughts on “Restrictive covenants on property”
I’m having to sell my home because of divorce. I have just gone through the Title Deed and found a restrictive covenant regarding no building of extensions or alterations to the property. We built an a single storey utility/office extension without checking for restrictions. How serious is this and what complications would this create with the sale. Thanks in advance for your reply.
It is not possible for us to give specific advice on our website and we are not able to realistically advise you on how serious and what complications could arise by reason of the breach of the restrictive covenant that you refer to.
We would need to consider the matter in significantly more detail and in particular in context. We need to consider what the purpose of the restrictive covenant was when it was originally granted to see whether or not it could still be considered valid and binding. We need to consider who the person with the benefit of the restrictive covenant is and whether or not they have the ability or are likely to enforce it. We also need to consider what has happened generally with the property and in the area. Restrictive covenants can become obsolete over time and it depends on whether or not there have been changes to the neighbourhood.
What we would suggest is that you enquire with your conveyancing solicitor whether or not insurance could be available in the circumstances. If there has been a potential breach of a restrictive covenant but it has never been enforced, a buyer and their mortgage lender may be prepared to accept insurance to proceed with the purchase. We suggest that your conveyancing solicitor considers this before making any approach to the person with the benefit of the restrictive covenant as any such approach could invalidate any insurance.
Hi I’ve just purchased a property on an old estate and there are several restrictive covenants, I don’t have a problem with most accept this one . I live at number 6 and have a large front garden and it obviously refers to my garden, I wanted to put some form of hard stand down to park two cars I don’t have a problem approaching the original estate management for permission but should I restrict myself to some form plastic suitable grid under the ground to let the lawn grow through.
Covenant 8 1984. (Applicable to plots 6 and 7 only) to maintain as a lawn only the area between the front wall of the building or the paving stones (as the case maybe) and the boundary between plot 6 and 7
We cannot provide specific advice on our website, so cannot say whether or not your proposals would fall foul of the restriction. The comments on our website should not be considered a substitution for properly and fully considered legal advice.
If the purpose of the restriction you mention was to ensure that the area in question remains a lawn and is not used for any other purpose, we would question whether or not it would be wise to park vehicles on it. However, 1984 was a different era and there were not as many vehicles on the road which all need to be parked somewhere.
When it comes to restrictive covenants, in the absence of an express agreement from the landowner that has the benefit of the restriction, to determine whether or not they are enforceable necessarily means considering the purpose for which they were created in the first instance. Some restrictions can become obsolete over time, due to changes in the nature and character of the area. If there is an amenity value to protect both at the time the restrictive covenant was created and that has not changed, the prospect of challenging the restriction is limited.
We are in the process of buying a house and have just found out that there is a restrictive covenant from 1893 and 1949 saying that no trade or business whatsoever can be done on this property. I’m a health practitioner and work from home seeing clients on a one-on-one basis. I have no staff and plan to work from the home office in the garden of our new property. seeing 4-5 clients per day on three to four days a week. The home office can be approached via a shared driveway. I don’t want to fall out with our new neighbours but want to continue working from home. Renting an office space elsewhere is not an option. What are the chances for the covenant to be removed or would an indemnity insurance protect me if the neighbours would object to people walking down the driveway to the home office? Or would it be better to not go through with the purchase under these circumstances?
We can only give general guidance on our website, and cannot give specific advice about what you should do.
Restrictive covenants can become obsolete over time due to changes in the character and nature of the area. Your particular point became a topic of debate during the Covid-19 lockdowns, when people were forced to work from home. The increased prevalence of homeworking generally does mean this is still an issue but there is not a straightforward answer. Clearly a trade which is noisy, dirty or otherwise might cause a nuisance to neighbours is more likely to draw objections than a trade which has no material impact on those with the benefit of the restriction. Fundamentally, it is necessary to consider in detail what it is the restrictive covenant was seeking to protect against at the time it was granted and consider whether or not that protection is still required. There could be other reasons why it may not be effective which should also be checked. You should probably also discuss the matter in more detail with your solicitor, especially if indemnity insurance is an option for you.
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I’m having to sell my home because of divorce. I have just gone through the Title Deed and found a restrictive covenant regarding no building of extensions or alterations to the property. We built an a single storey utility/office extension without checking for restrictions. How serious is this and what complications would this create with the sale. Thanks in advance for your reply.
Thank you for your comment.
It is not possible for us to give specific advice on our website and we are not able to realistically advise you on how serious and what complications could arise by reason of the breach of the restrictive covenant that you refer to.
We would need to consider the matter in significantly more detail and in particular in context. We need to consider what the purpose of the restrictive covenant was when it was originally granted to see whether or not it could still be considered valid and binding. We need to consider who the person with the benefit of the restrictive covenant is and whether or not they have the ability or are likely to enforce it. We also need to consider what has happened generally with the property and in the area. Restrictive covenants can become obsolete over time and it depends on whether or not there have been changes to the neighbourhood.
What we would suggest is that you enquire with your conveyancing solicitor whether or not insurance could be available in the circumstances. If there has been a potential breach of a restrictive covenant but it has never been enforced, a buyer and their mortgage lender may be prepared to accept insurance to proceed with the purchase. We suggest that your conveyancing solicitor considers this before making any approach to the person with the benefit of the restrictive covenant as any such approach could invalidate any insurance.
Hi I’ve just purchased a property on an old estate and there are several restrictive covenants, I don’t have a problem with most accept this one . I live at number 6 and have a large front garden and it obviously refers to my garden, I wanted to put some form of hard stand down to park two cars I don’t have a problem approaching the original estate management for permission but should I restrict myself to some form plastic suitable grid under the ground to let the lawn grow through.
Covenant 8
1984. (Applicable to plots 6 and 7 only) to maintain as a lawn only the area between the front wall of the building or the paving stones (as the case maybe) and the boundary between plot 6 and 7
Thank you for your comment.
We cannot provide specific advice on our website, so cannot say whether or not your proposals would fall foul of the restriction. The comments on our website should not be considered a substitution for properly and fully considered legal advice.
If the purpose of the restriction you mention was to ensure that the area in question remains a lawn and is not used for any other purpose, we would question whether or not it would be wise to park vehicles on it. However, 1984 was a different era and there were not as many vehicles on the road which all need to be parked somewhere.
When it comes to restrictive covenants, in the absence of an express agreement from the landowner that has the benefit of the restriction, to determine whether or not they are enforceable necessarily means considering the purpose for which they were created in the first instance. Some restrictions can become obsolete over time, due to changes in the nature and character of the area. If there is an amenity value to protect both at the time the restrictive covenant was created and that has not changed, the prospect of challenging the restriction is limited.
We are in the process of buying a house and have just found out that there is a restrictive covenant from 1893 and 1949 saying that no trade or business whatsoever can be done on this property. I’m a health practitioner and work from home seeing clients on a one-on-one basis. I have no staff and plan to work from the home office in the garden of our new property. seeing 4-5 clients per day on three to four days a week. The home office can be approached via a shared driveway. I don’t want to fall out with our new neighbours but want to continue working from home. Renting an office space elsewhere is not an option. What are the chances for the covenant to be removed or would an indemnity insurance protect me if the neighbours would object to people walking down the driveway to the home office? Or would it be better to not go through with the purchase under these circumstances?
Thank you for your comment.
We can only give general guidance on our website, and cannot give specific advice about what you should do.
Restrictive covenants can become obsolete over time due to changes in the character and nature of the area. Your particular point became a topic of debate during the Covid-19 lockdowns, when people were forced to work from home. The increased prevalence of homeworking generally does mean this is still an issue but there is not a straightforward answer. Clearly a trade which is noisy, dirty or otherwise might cause a nuisance to neighbours is more likely to draw objections than a trade which has no material impact on those with the benefit of the restriction. Fundamentally, it is necessary to consider in detail what it is the restrictive covenant was seeking to protect against at the time it was granted and consider whether or not that protection is still required. There could be other reasons why it may not be effective which should also be checked. You should probably also discuss the matter in more detail with your solicitor, especially if indemnity insurance is an option for you.