Restrictive Covenants
Specialising in Restrictive Covenants on properties in England and Wales.
The law in respect of restrictive covenants can be complex and a matter of mystery to many landowners.
Restrictive Covenants are often imposed by a seller on the land being sold to prevent the buyer from using it in a way which the seller feels could cause harm to land which the seller has retained.
Common Examples of Restrictive Covenants
- Not to erect any building or structures on the land that has been acquired
- Not to use the land for any business activity
- Not to use the land other than for agricultural use and not to carry out any building or residential development
- Not to erect more than one dwelling on the land
If properly prepared such restrictions would prevent the buyer and future owners from gaining the full value and potential of the land.
For example a restrictive covenant not to build could on the face of it be effective in preventing an owner from extending an existing house or building another house and deprive the landowner of a significant monetary benefit that would other wise be available if the covenant had not been imposed.
It is quite often the case that restrictive covenants which appear within the legal title of a property are not correctly drawn or similarly they may not be enforceable for other legal or procedural defects in the way they have been created.
We can advise you on the law relating to restrictive covenants and our lawyers are experienced in reading and interpreting such covenants.
This is a specialist area and we cannot give a fixed price but please complete the contact form for a preliminary discussion of the issue. We can often help in a cost effective way. If you would prefer to discuss your restrictive covenant issues with us please leave a brief message and we will get back to you. There will be no charge for this initial discussion.
The law in relation to the enforceability of restrictive covenants can be complex so it is well worth taking advice to determine just how effective a restrictive covenant is or whether it is still enforceable.
We have assisted many clients to overcome seemingly insurmountable restrictive covenant issues allowing them to implement their development proposals.
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