Restrictive covenants

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A restrictive covenant refers to a legal provision that places restrictions upon the use of land, for example by prohibiting the alteration of the property or the building of an extension or additional structures within a prescribed area.

Restrictive covenants can usually be found within the Title Register, which is held by the land registry.

Restrictive covenants are passed on when land changes hands, meaning that if a restrictive covenant is in place then it will also apply to the new owner after the land is sold. It is therefore essential for prospective buyers to fully investigate the nature and enforceability of any restrictive covenants when considering the purchase of land and to take legal advice on the implications of these.

Stirling Ackroyd Legal is a large London law firm offering a complete range of legal services. Our dedicated, in-house team of property specialists hold many years’ experience in this area, and offer sound, practical advice and representation. If you are concerned about how a restrictive covenant may affect your property rights, we will be able to help you.

Restrictive covenants may be legally varied or even discharged in some cases. This is a complex and often time-consuming process, so it is essential to seek legal advice before taking action. It is important to note that if the relevant wording is removed or amended by the Court, this may affect the party for whose benefit the covenant was put in place, and in such cases, compensation may be awarded. It is therefore vital to consider the implications of this potential outcome in deciding upon the best course of action.

If you do decide to apply to the Court to have the restrictive covenant varied or removed, we will provide all the support that you need, including drafting all the relevant documentation on your behalf. We will provide regular updates on how the case is progressing and offer creative solutions to help keep the costs to a minimum.

If a restrictive covenant is breached, for example if the prohibited building work is actually carried out, the repercussions may be serious. The party whose interests are protected by the restrictive covenant may obtain an injunction to prevent the breach from taking place, or even to have the land restored to its original state if it is already too late. They may also be able to claim financial compensation, known as damages, that is designed to restore them to their original position.

If you are affected by a restrictive covenant that is in place either to protect your interests or to limit your activities, it is important to seek legal advice as soon as an issue arises, because matters may escalate very quickly in the event of a dispute. Whatever your situation, we will look at all the facts and advise on the best way forward, with a view to protecting your interests and facilitating resolution as swiftly and cost-effectively as possible.

Should you wish to know more about the services we offer, please feel free to contact our client services department via our enquiries page, or give us a call 0203 058 3365.