Restricted Covenants

The consequences of breaching a covenant can be significant. Our specialist Property Litigation solicitors can guide you through the process of negotiating a release, defending an action for breach of covenant, or enforcing your rights via the court and/or Tribunal.

What are restrictive covenants?

Restrictive Covenants are essentially promises which bind the relevant land/properties instead of individual owners. That means that the covenant (i.e. the promise) is enforceable against the landowner, whether or not they are the same owner that originally agreed to the covenant.

Likewise, the owner of the benefitting land is able to enforce the covenant against the burdened land. As the name would suggest, restrictive covenants are restrictive in nature and therefore prevent certain acts, such as a restriction on the development of land.

Where a restrictive covenant restricts development to land, the court has the power to order the destruction of any building/structure built in breach of that covenant. It is imperative therefore that specialist advice is sought at the earliest opportunity.

Expert Restricted Covenants Solicitors

As above, the consequences for a breach of restrictive covenants can be significant. We recommend taking legal advice as soon as possible to ensure that your interests are protected.

Equally, if you wish to enforce a restrictive covenant against another landowner, it is possible to lose the right to do so if action is not taken swiftly.

Our team of specialist Property Litigation solicitors are experienced in successfully navigating restrictive covenant disputes, whether through the Courts or reaching an amicable settlement between parties.