166 thoughts on “Restrictive covenants on property”
Hello, I recently purchased a property which has several restrictive covenants on it, with most being old and dated (relating to alcoholic beverage sales etc) but one in question being one I’m looking for clarity on.
When I bought the property the solicitors told me that they couldn’t find any information on the covenant owner and that it was highly unlikely they are still around and would enforce them, and that if I wished to do work to the property against the covenant I could apply for covenant indemnity insurance.
The one which is in question is below;
“that the grantee will not erect any other building or erection upon the said plot of land (except a conservatory greenhouse or garage not exceeding ten feet in height) without the previous consent in writing of the grantors nor without such consent alter the elevation structure or external appearance of the said dwelling house not alter or raise the height or position of any of the walls upon the said plot”
Does this covenant mean that I cannot knock an internal wall down to create a kitchen diner? As the way I’m interpreting (and i could be wrong) it says that only the external walls cannot be altered.
And is the covenant indemnity insurance easy to apply and get if I wanted to do an extension etc?
It sounds as though your solicitors spotted the issue and gave you good advice. We would have hoped that perhaps some consideration for asking the seller to pay for the insurance policy was given, as this is sometimes worth asking for, but the premiums tend to be comparatively cheap. Insurance is fairly common place for things like this, but there are certain criteria to take account of (which normally includes not making contact with the person with the benefit of the restrictive covenant – probably not a problem if you cannot locate them) and the cost and availability of insurance can vary depending on the circumstances.
As for your specific query, we are sorry but we cannot give legal advice on our website. When it comes to the interpretation of a restrictive covenant, it is quite important to consider the whole of the document in which it is contained and its full wording, as well as the circumstances in which the restrictive covenant came about, as fundamentally it is necessary to understand what it is there to protect. From the extract you have provided, it seems to prohibit the building of anything further on the land, save for the things mentioned. There does not seem to be any mention of changes to the interior. A restriction on changes to the interior of a property would be unusual, as the purpose of a restrictive covenant is to benefit land nearby. It is hard to see how any changes to the interior of a property would have any impact on land nearby. However, this is not legal advice, so please do not rely on it. It is just an observation without having had the benefit of considering the position as a whole.
Hi there, really appreciate all your previous comments /posts about property covenants etc. Can you give me any thoughts on my property ‘s restrictive covenant that says ‘Within three years of the date of this transfer, the transferee shall not make any alterations or additions to the exterior or external appearance of property or erect any wall fences ‘ ….it then goes on about the cost of application, surveyors etc. The question is, can I just wait 3 years and is that issue negated ? Many thanks
We cannot give legal advice on our website. Further, when it comes to the interpretation of a restrictive covenant, it is quite important to consider the whole of the document in which it is contained and its full wording, as well as the circumstances in which the restrictive covenant came about, as fundamentally it is necessary to understand what it is there to protect.
Whilst the wording you quote does seem to accord with what you think, and it looks like a restriction imposed by a developer whilst they sell off other properties on the estate, we would not like to suggest (expressly or by implication) on our website that you can build a massive, pink polka dotted extension and that as long as 3 years have passed, there is nothing anyone could do about it, only for you to be upset because we hadn’t told you about something that we could not have identified. We hope you can understand this. It is not lawyers being difficult and is genuinely the case that the more a lawyer understands about a particular issue, the more accurate and well considered their advice will be.
I bought a garden with a store/ garage on there with the intention of obtaining planning permission for a dog grooming parlour. This was granted by the council. 8 years later I wish to sell and I have found that there was a covenant on the land stating that all was for leisure use and can’t be sold as a commercial building. Can this be changed or will I be stuck with it, I had a buyer who has pulled out because of this. Any i formation would be gratefully received.
Fundamentally, a binding restrictive covenant will remain binding. It is when there are changes to the nature of what that restriction originally intended to protect against, bringing into question the continued need for it, that challenges can be made. These are always very fact specific considerations.
Did your buyer consider insurance? It is not uncommon for insurance to be obtained in relation to older restrictive covenants that have not been enforced. This might be an option for you to consider.
Supporting Farleigh Hospice | Limited Places Available We’re delighted to announce that Cunningtons is once again partnering with Farleigh Hospice for the annual Make a Will charity campaign this September! What We’re Offering ✅ Completely FREE Will preparation by our qualified solicitors;✅ Professional legal advice and guidance on making your Will; and of course,✅ Support […]
Planning for the future as we get older is a vital part of life – that’s why many of us provide for ourselves with pensions and Wills. However, one of the most important tools available to us is often neglected: Lasting Powers of Attorney. According to CanadaLife UK, 78% of UK adults don’t have a […]
Cunningtons help with "Your Legal Journey Through Life". We cover key areas: your first home, your relationships and family law, then growing families, employment matters, dispute resolutions, property investments, and planning your estate. We focus on continuity, trust, understanding clients, and personal service by offering the same legal team throughout life.
Hello, I recently purchased a property which has several restrictive covenants on it, with most being old and dated (relating to alcoholic beverage sales etc) but one in question being one I’m looking for clarity on.
When I bought the property the solicitors told me that they couldn’t find any information on the covenant owner and that it was highly unlikely they are still around and would enforce them, and that if I wished to do work to the property against the covenant I could apply for covenant indemnity insurance.
The one which is in question is below;
“that the grantee will not erect any other building or erection upon the said plot of land (except a conservatory greenhouse or garage not exceeding ten feet in height) without the previous consent in writing of the grantors nor without such consent alter the elevation structure or external appearance of the said dwelling house not alter or raise the height or position of any of the walls upon the said plot”
Does this covenant mean that I cannot knock an internal wall down to create a kitchen diner? As the way I’m interpreting (and i could be wrong) it says that only the external walls cannot be altered.
And is the covenant indemnity insurance easy to apply and get if I wanted to do an extension etc?
Thank you for your comment.
It sounds as though your solicitors spotted the issue and gave you good advice. We would have hoped that perhaps some consideration for asking the seller to pay for the insurance policy was given, as this is sometimes worth asking for, but the premiums tend to be comparatively cheap. Insurance is fairly common place for things like this, but there are certain criteria to take account of (which normally includes not making contact with the person with the benefit of the restrictive covenant – probably not a problem if you cannot locate them) and the cost and availability of insurance can vary depending on the circumstances.
As for your specific query, we are sorry but we cannot give legal advice on our website. When it comes to the interpretation of a restrictive covenant, it is quite important to consider the whole of the document in which it is contained and its full wording, as well as the circumstances in which the restrictive covenant came about, as fundamentally it is necessary to understand what it is there to protect. From the extract you have provided, it seems to prohibit the building of anything further on the land, save for the things mentioned. There does not seem to be any mention of changes to the interior. A restriction on changes to the interior of a property would be unusual, as the purpose of a restrictive covenant is to benefit land nearby. It is hard to see how any changes to the interior of a property would have any impact on land nearby. However, this is not legal advice, so please do not rely on it. It is just an observation without having had the benefit of considering the position as a whole.
Hi there, really appreciate all your previous comments /posts about property covenants etc.
Can you give me any thoughts on my property ‘s restrictive covenant that says
‘Within three years of the date of this transfer, the transferee shall not make any alterations or additions to the exterior or external appearance of property or erect any wall fences ‘ ….it then goes on about the cost of application, surveyors etc. The question is, can I just wait 3 years and is that issue negated ?
Many thanks
Thank you for your comment.
We cannot give legal advice on our website. Further, when it comes to the interpretation of a restrictive covenant, it is quite important to consider the whole of the document in which it is contained and its full wording, as well as the circumstances in which the restrictive covenant came about, as fundamentally it is necessary to understand what it is there to protect.
Whilst the wording you quote does seem to accord with what you think, and it looks like a restriction imposed by a developer whilst they sell off other properties on the estate, we would not like to suggest (expressly or by implication) on our website that you can build a massive, pink polka dotted extension and that as long as 3 years have passed, there is nothing anyone could do about it, only for you to be upset because we hadn’t told you about something that we could not have identified. We hope you can understand this. It is not lawyers being difficult and is genuinely the case that the more a lawyer understands about a particular issue, the more accurate and well considered their advice will be.
I bought a garden with a store/ garage on there with the intention of obtaining planning permission for a dog grooming parlour. This was granted by the council. 8 years later I wish to sell and I have found that there was a covenant on the land stating that all was for leisure use and can’t be sold as a commercial building. Can this be changed or will I be stuck with it, I had a buyer who has pulled out because of this. Any i formation would be gratefully received.
Thank you for your comment.
Fundamentally, a binding restrictive covenant will remain binding. It is when there are changes to the nature of what that restriction originally intended to protect against, bringing into question the continued need for it, that challenges can be made. These are always very fact specific considerations.
Did your buyer consider insurance? It is not uncommon for insurance to be obtained in relation to older restrictive covenants that have not been enforced. This might be an option for you to consider.