Are property restrictive covenants enforceable UK?

Are property restrictive covenants enforceable UK?

Characteristic of restrictive covenants is the fact that they are binding not only on the immediate buyer but also future owners. Equally they are usually enforceable by the original seller and often by those who subsequently acquire the seller’s retained land.

Can I build on land with a restrictive covenant?

Can it really stop me building or developing on my own land? Yes, it can. Even though planning permission has been granted, it does not override any restrictive covenants. The two are not mutually exclusive, they are entirely independent of one another.

How long do covenants on houses last?

If the covenant is attached to the land it is said to ‘run with the land’. That means it continues to apply to the land regardless of whether either the burdened or neighbouring lands have been sold on. This means a restrictive covenant can last indefinitely even if its purpose now seems obsolete.

How do I find out what restrictive covenants are on my property?

If you want to check the restrictive covenants affecting a property you already own, you may be able to identify the restrictive covenants yourself by looking in the ‘Charges Register’ (registered land only) of the title document.

Can you remove covenants on land?

If it is not enforceable then an application can be made to the Land Registry to remove the covenant from the deeds. If a landowner feels a restrictive covenant is unreasonable, they may have a case for having it removed altogether or, if that’s not appropriate, possibly varying or amending the covenant.

How are neighborhood covenants enforced?

Covenants are often strictly enforced The most common remedies available to the enforcer of a breach of covenant are compensation or injunctions to prevent you from carrying out the action which is in breach.

How do I find covenants on my property UK?

Go on to the Land Registry’s official website, where you can apply for copies of the title of the property by inputting the address of the property. If the Land Registry can locate the property as registered, a title number will be confirmed as relating to the property.

What is a restrictive covenant on a property?

A restrictive covenant requires the covenantor (the party agreeing to restrict or “burden” the use of their land) not to do the thing specified (e.g. not to use the land for anything other than residential purposes).

How do I get rid of restrictive covenants?

Restrictive covenants can be discharged or modified in a number of ways. Application to The Lands Chamber of The Upper Tribunal under Law of Property Act 1925, Section 84. The most commonly used grounds are that the restrictive covenant has become obsolete or that it impedes reasonable use or development of the land.

What are covenants in land law?

Covenants in Land Law are a key area of the Land module for LLB and LLM degrees at university. Covenants are most likely to come up during exams and coursework as problem questions, not essays. A covenant in law refers to a promise or contract to do or not do something. Within land law this promise is made by deed for a certain purpose.

When does a restrictive covenant require registration at the land registry?

For registered land, a restrictive covenant created since 13 October 2003 requires registration at the Land Registry as a notice in the charges register of the title of the burdened land (s 32 (1) Land Registration Rules 2002; “LRA 2002”).