What is a Restrictive Covenant on Land?
A restrictive covenant on land, also known as a deed restriction or a restrictive agreement, is a legal agreement imposed on a property by a previous owner or a developer.
It is a private contractual agreement that restricts how the property can be used or developed.
These covenants are typically recorded in the property’s deed or in a separate document and run with the land, meaning they are binding on all future owners of the property.
The purpose of restrictive covenants is to maintain certain standards and preserve the character of a neighbourhood or development.
They can cover a wide range of limitations, such as:
Usage Restrictions
These may include specifying the type of structures that can be built on the property (e.g., single-family residences only) or prohibiting certain uses like commercial activities.
Architectural guidelines
Restrictive covenants can dictate the architectural style, size, and appearance of buildings within the development to ensure consistency and protect property values.
Setback requirements
They may mandate a minimum distance between the property line and any building on the lot to maintain open space or uniformity.
Maintenance requirements
Restrictive covenants can stipulate landscaping standards and dictate how the property should be maintained to keep the area visually appealing.
Prohibition of certain activities
Certain actions may be prohibited within the property, such as keeping livestock, parking RVs, or operating certain types of businesses.
Homeowner’s association (HOA) rules
In many cases, restrictive covenants are enforced and managed by a homeowners’ association, which may have additional rules and regulations.
It’s essential for prospective buyers to carefully review any restrictive covenants associated with a property before purchasing it.
While these covenants can help maintain property values and protect the neighbourhood’s aesthetic appeal, they may also limit the property owner’s freedom to use the land as they wish.
Violating the terms of a restrictive covenant can result in legal consequences, such as fines or court-ordered injunctions to stop certain activities.
Does the Restrictive covenant apply and who has the benefit of the covenant?
An analysis is required to assess if the planned activity is caught or breaches the restrictive covenant. Further is it also necessary to establish who has the benefit of the covenant. This means what land does the covenant protect and who has the legal right to the protection of the covenant.
Challenging Restrictive covenants
It is possible to challenge or apply to modify and amend the Restrictive covenant by application to the Lands Tribunal. To be successful in an application to the Lands Tribunal, the burden is placed on the person seeking to vary the covenant to demonstrate that the Restrictive covenant is obsolete, or the nature of the locality has changed, such that the original purpose of the Restrictive covenant is no longer required.
As such, it’s advisable to seek legal advice if you have questions or concerns about a restrictive covenant on a property you own or plan to purchase. BRM are specialist on the enforceability of and challenge to Restrictive covenants.
Contact us
If you have any queries about restrictive covenants, property litigation specialists at BRM Solicitors can help you.
Rob Cooke
Director and Head of Dispute Resolution
e: rob.cooke@brmlaw.co.uk
t: 0114 3496991
