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What Are Restrictive Covenants and How Do They Affect Your Property?

Restrictive Covenants Explained

Restrictive covenants are legally binding conditions recorded against a property title that limit how the land can be used. They appear in Section C of the title register and can have a significant impact on what you can do with your property.

What Is a Restrictive Covenant?

A restrictive covenant is a promise by a landowner not to do something with their land. Common examples include:

  • Not to build above a certain height
  • Not to use the property for business purposes
  • Not to keep livestock or certain animals
  • Not to erect fences or walls above a specified height
  • Not to subdivide the property
  • Not to alter the external appearance of a building without consent

    • How to Find Restrictive Covenants

    Restrictive covenants are recorded in Section C (the Charges Register) of the title register. The entry will typically reference a specific document — for example, "the land is subject to the restrictive covenants contained in a Conveyance dated 15 March 1952."

    To see the exact wording, you may need to obtain the filed copy of that document from the Land Registry.

    Are Old Covenants Still Enforceable?

    Many restrictive covenants date back decades or even centuries. Whether they're enforceable depends on several factors:

  • Whether the person who benefits from the covenant still owns land that benefits from it
  • Whether the covenant has been breached for a long period without objection
  • Whether the character of the neighbourhood has changed

    • Old covenants don't automatically expire. Even a covenant from the 1800s can potentially be enforced if the right conditions exist.

    What If You Want to Remove a Covenant?

    Options include:

  • Negotiating with the beneficiary for a release
  • Applying to the Upper Tribunal (Lands Chamber) under Section 84 of the Law of Property Act 1925
  • Taking out indemnity insurance (this doesn't remove the covenant but covers the financial risk)

    • Why Check Before Buying

    If you're buying a property with plans to extend, convert, or change its use, checking for restrictive covenants is essential. What seems like a straightforward project could be blocked by a covenant you didn't know about.

    Check Your Property's Covenants

    Search for a property and purchase the title register to see all recorded covenants on Online Land Registry.