Restrictive covenants are contractual obligations in a property’s title that restrict the use or development of land for the benefit of another property. Common examples include prohibitions on building, using land for certain purposes, or altering the appearance of a property.
Disputes arise when:
- A party seeks to enforce a covenant against a landowner alleged to be in breach.
- A landowner wishes to discharge or modify a covenant (e.g., to permit development).
Resolution mechanisms:
- Negotiation and release or variation by agreement.
- Application to the Upper Tribunal (Lands Chamber) for modification or discharge under section 84 of the Law of Property Act 1925.
- Court proceedings for an injunction and/or damages.
Key points:
- The benefit and burden of the covenant must be established.
- The Tribunal may modify or discharge a covenant if it is obsolete, impedes reasonable use, or if the beneficiaries consent.
For further information on restrictive covenant disputes,please contact: james@naylorllp.co.uk
The information provided in these articles is for general guidance and informational purposes only. It does not constitute legal advice and should not be relied upon as such. While every effort has been made to ensure the accuracy of the content at the time of publication, laws and regulations may change. For advice specific to your circumstances, please consult a qualified legal professional. No liability is accepted for any loss or damage arising from reliance on the information contained herein.