What are restrictive covenants?
A restrictive covenant is a legal rule attached to a property that limits what the owner can do with the land or buildings. These covenants are usually set by developers, local authorities, or previous landowners to protect the character of an area, maintain property values, or prevent disputes. Restrictive covenants stay in place even if the property is sold again, but there are legal ways to challenge or remove them if they no longer apply.
👉 You can learn more in our guide to what are restrictive covenants.
Examples of restrictive covenants
Restrictive covenants set rules on how a property or land can be used. Here are some common examples:
Residential use only: A covenant might state that the land can only be used for housing, meaning the owner can’t turn it into a shop, office, or other business.
Architectural restrictions: Some covenants require buildings to follow a certain style or height limit to keep the neighbourhood looking uniform.
No subdivision: A landowner may ban the buyer from dividing the land into smaller plots to preserve the area’s original character.
Preserving green spaces: Some covenants protect certain areas from development, keeping them as parks, gardens, or communal green spaces.
Commercial restrictions: In residential areas, a covenant might prevent businesses from operating on the property to maintain a quiet, family-friendly environment.
💡 Key takeaway: Restrictive covenants can limit what you can do with a property, so it’s important to check for them before buying or making changes. If a covenant is too restrictive, you may be able to challenge or modify it with legal advice from a solicitor.
How enforceable are restrictive covenants?
The enforceability of restrictive covenants depends on who benefits from the covenant, how it was registered, and whether it still serves a valid purpose. Some covenants remain legally binding, while others become unenforceable over time due to legal changes, lack of enforcement, or outdated relevance.
When are restrictive covenants enforceable?
A restrictive covenant is more likely to be enforceable if:
The benefiting party still exists: A neighbour, developer, or management company must have the legal right to enforce the covenant. If they can’t be identified, enforcement becomes difficult.
It was properly registered: If the covenant is recorded in the property’s title deeds and registered with the Land Charges Department, it is legally valid.
It still serves a purpose: If the restriction protects neighbouring properties, maintains community standards, or prevents significant changes, it may still be enforceable.
There is evidence of past enforcement: If the covenant has been actively upheld, it’s more likely to remain legally binding.
How our restrictive covenant solicitors can help
Restrictive covenants can limit what you can do with your property, affecting everything from extensions to business use. Whether you’re looking to challenge, modify, or remove a covenant, our expert restrictive covenant solicitors can guide you through the legal process.
Case assessment
Before taking action, our restrictive covenant solicitors will carefully review your case. This includes:
Examining the title deeds and any existing covenants.
Assessing whether the covenant is still enforceable.
Identifying the best legal route, whether that’s modification, removal, or negotiation.
Having an experienced solicitor review your case ensures you don’t waste time or money on unnecessary legal battles.
Gaining covenant consent
If a restrictive covenant prevents you from making changes to your property, you may need permission from the benefiting party before proceeding. Our solicitors can:
Identify the relevant parties who need to give consent.
Negotiate on your behalf to obtain consent for your proposed changes.
Ensure all agreements are legally documented to prevent future disputes.
In some cases, an application to the Lands Tribunal may be necessary if consent is unfairly withheld.
Finding covenant details
Many homeowners are unaware of existing restrictive covenants on their property until they try to make changes. Our solicitors can help you:
Locate and interpret restrictive covenants in title deeds and Land Registry records.
Determine whether the covenant still applies or can be challenged.
Advise on the best way to proceed if the covenant restricts your plans.
Understanding the legal restrictions on your property is essential before starting any building work or business activity.
Who are our solicitors?
At Lawhive, we connect you with highly qualified, experienced property solicitors who specialise in restrictive covenants. Every solicitor in our network undergoes a strict vetting process, so you can trust you're getting expert legal support. Here’s what makes our solicitors stand out:
Fully qualified: All our solicitors are fully qualified to practice property law, and many are regulated by the Solicitors Regulation Authority (SRA), ensuring they meet the highest professional standards.
Years of experience: We'll always connect you with solicitors who have a strong track record in handling restrictive covenants, whether that’s checking, enforcing, or removing them.
Client-approved: We only recommend the best solicitors. We review all client feedback, testimonials, and case histories to make sure our solicitors are always providing a premium legal support.
