38. Restrictive covenants
Restrictive covenants are legal agreements or obligations imposed on a property owner that restrict or regulate the use, development, or activities related to the property. These covenants are typically included in the property's title deeds or registered title documents and may be enforceable by the original covenantor (the party who imposed the covenant) or subsequent property owners. Restrictive covenants serve various purposes, including preserving the character of a neighbourhood, protecting property values, and preventing undesirable activities or developments.
How restrictive covenants affect property use
- Land use restrictions: Restrictive covenants may impose limitations on how the land can be used or developed. For example, a covenant may prohibit commercial activities, industrial operations, or certain types of construction on the property.
- Architectural controls: Covenants may dictate specific architectural styles, building materials, or design features that must be adhered to when constructing or altering buildings on the property. This helps maintain aesthetic standards and architectural harmony within a development or neighbourhood.
- Subdivision and use restrictions: Some covenants restrict the subdivision of land or the creation of additional dwellings or units on the property. Others may regulate the size, location, or placement of structures, fences, or outbuildings.
- Nuisance and environmental controls: Restrictive covenants may include provisions aimed at preventing nuisances or environmental hazards that could adversely affect neighbouring properties or the surrounding environment. This might include restrictions on noise, pollution, or hazardous activities.
- Maintenance and conservation requirements: Covenants may impose obligations on property owners to maintain the property in good condition, preserve natural features, or undertake conservation measures to protect biodiversity or heritage assets.
Relevant documents for property sale
To understand the impact of restrictive covenants on a property's use and compliance requirements, buyers and sellers should refer to relevant legal documents and title records.
These documents may include:
| Registered title document | If the property's title is registered at HM Land Registry, buyers can obtain a copy of the registered title document, also known as the Title Register or Title Plan. This document provides details of any registered restrictive covenants affecting the property, including the identity of the original covenantor, the nature of the covenant, and any relevant restrictions or conditions. |
| Deeds or conveyancing documents | If the property's title is not registered, buyers should consult the property's deeds or conveyancing documents, which may contain information about historical restrictive covenants imposed by previous owners or developers. These documents may include copies of deeds of sale, conveyances, or transfers of ownership. |
| Solicitor's advice | Buyers and sellers should seek legal advice from a solicitor or conveyancer specialising in property law to review and interpret restrictive covenants affecting the property. A solicitor can provide guidance on the enforceability of covenants, potential implications for property use, and options for seeking consent or modification of restrictive terms. |
| Local authority records | In some cases, local planning authorities or land registries may hold additional records or documentation related to restrictive covenants affecting properties within their jurisdiction. Buyers can inquire with the relevant authorities to obtain further information or clarification on covenant-related matters. |
By reviewing and understanding the implications of restrictive covenants, buyers can make informed decisions about property purchase, development potential, and compliance requirements, while sellers can ensure transparency and disclosure of relevant covenant obligations to prospective buyers during the sales process.