Restrictive Covenants - Case Studies

House extensions not allowed ... or are they?

The law in respect of restrictive covenants can be complex and a matter of mystery to many landowners.

We have recently been able to successfully assist clients in the south west of the country who sent us details of a restrictive covenant on their property deeds which appeared to affect their property and restricted extensions or alterations to the original dwelling.

An examination of the documents was interesting as it revealed that the covenants had been poorly worded and there was little evidence to define the land that was intended to benefit from the covenants.

Our investigation showed that the legal work carried out at the time the covenant was purportedly imposed when the estate was first developed was of a poor standard.

Further investigation showed that the registration of the covenant against the name of the purchaser had not taken place so even if the wording of the relevant Conveyance had been correct, the covenant was void by reason of failure to register the same.

Our client was pleased with the result of our work, which saved them considerable outlay and allowed them to proceed with their work to the property, free of restrictions.

This is an example of why each case needs careful and thorough investigation as whilst many restrictive covenants are effective, there are quite frequently instances where the opposite is true and for technical reasons the covenants are not as watertight as they first appear.

Restrictive CovenantsPlease feel free to telephone for advice on if you have a restrictive covenant query. Or fill in our Contact Form for a free call back.