Restrictive covenants are one of the most common – and often most misunderstood – features of property titles. They can limit how land is used, what can be built, and even how a property looks or operates.
Buyers rarely know they exist until the conveyancer brings them up, and even then, the implications can feel unclear. This short guide explains what restrictive covenants are, why they matter, and how to help clients understand their rights and responsibilities when one appears in the title.
What Are Restrictive Covenants?
A restrictive covenant is a legally binding promise that limits the way land can be used. Typical examples include not building more than one dwelling on a plot, not running a business from the home, maintaining open land, controlling the style of extensions, or preventing nuisances such as noise or parking. These covenants are usually historic – some dating back decades or even early twentieth‑century estate developments – and they “run with the land”, meaning they bind future owners even if they weren’t the original parties to the agreement.
Why Do They Exist?
Restrictive covenants were traditionally used by landowners and developers to control the appearance, density or character of an estate. They were also used to protect adjoining land retained by a seller. While some covenants now feel outdated, many still serve a purpose: preserving amenity, preventing overdevelopment, or maintaining coherent design. Even very old covenants can remain enforceable if they still benefit identifiable land.
How Do Restrictive Covenants Appear in Searches and Titles?
Covenants are usually set out in the Charges Register of the title. They often refer to older deeds or conveyances that contain the full wording, and these may appear in the documents list of search results. Sometimes the covenant wording is brief; sometimes it is detailed and lengthy, with specific schedules of restrictions. Search results may also reveal indemnity policies put in place by previous owners to cover the risk of breach. In more complex chains, planning history or local authority enquiries may hint at covenants that have influenced past applications. Lenders are increasingly attentive to covenant breaches – recent lender communications emphasise the need for clarity, timelines of breaches and potential enforcement risk when reporting them.
What Happens If a Covenant Has Been Breached?
Old breaches are common: a shed built decades ago, a business run from home, or a historical extension that didn’t comply with restrictions. The risk depends on who has the benefit of the covenant and whether anyone is likely to enforce it. If a breach is longstanding, with no complaints or objections, risk may be low. In other cases, indemnity insurance offers a practical solution, provided no one has contacted the covenant holder or sought consent. Where a client wishes to build something new that contradicts an existing covenant, they may need to seek a release, variation, or formal consent… all of which take time and may not be guaranteed.
When Do Restrictive Covenants Cause Real‑World Problems?
They become significant when buyers want to extend, alter, or change the use of the property. A covenant might prevent additional buildings, restrict commercial activity, limit subdivision of the land, or dictate the appearance of extensions. Even if planning permission would be granted, a restrictive covenant may still prohibit the work. Covenants also matter for developers purchasing residential plots, and for homeowners in characterful estates where original developer restrictions still apply. Clients should also know that neighbours or management bodies can still enforce covenants that benefit their land.
What Should Conveyancers Flag Early?
It helps to highlight: the exact wording of the covenant; whether it benefits identifiable neighbouring land; whether there are signs of past breaches; whether the buyer’s intended use conflicts with the restriction; and whether enforcement risk is theoretical, low, or realistic. If indemnity insurance is appropriate, clarify what it does and doesn’t cover. If a developer, landlord or management company is still active, buyers should be aware that enforcement may be more proactive.
Can Restrictive Covenants Be Removed or Changed?
There are legal routes to modify or discharge covenants, but they can be slow, costly and uncertain. Formal applications can be made to the Upper Tribunal, but the burden of proof lies heavily on the applicant, and success depends on demonstrating that the covenant is obsolete, overly restrictive, or impedes reasonable use without benefiting neighbours. Most homeowners prefer either to comply, seek consent, or use indemnity insurance for historic issues.
Restrictive covenants shape what can be done with property long after the original parties are gone. They aren’t always deal‑breakers, but they deserve careful attention. By helping clients understand what the covenant says, who it protects, whether it has been breached, and what options exist if it conflicts with their plans, conveyancers can give buyers the clarity they need to proceed confidently and avoid unexpected obstacles later.
