Kingsley Smith Solicitors specialise in overcoming the legal issues you might face as a developer when preparing to build on land. We have years of planning expertise and the practical and creative thinking required to deal with any issues surrounding Covenants On the Title.
If you have concerns regarding a covenant on your land or property, we can provide quick and valuable advice, whatever the situation. For fixed fee advice, call us today on 01634 811118 or make quick online enquiry.
Covenants on Land or Property
A covenant is a private agreement between two landowners affecting their land that is registered onto the legal title of the land concerned. Covenants on land are a form of private planning control and can be positive or restrictive. It is more common that covenants restrict the use of the land ( hence why they are commonly referred to as restrictive covenants).
When a covenant is restrictive this means the use of land is restricted in some way for the benefit of another’s land. This can lead to issues when building on land and you may find yourself seeking legal advice.
If made many years ago, land covenants can appear to be obsolete, but it is vital not to ignore them. Covenants bind the land, not the people who own it. This means that when land is sold, the new owners still need to adhere to the covenants.
If you choose to ignore a restrictive covenant, you could face a claim for damages and/or an injunction being brought against you. If you wish to make a change to the covenant affecting your land, you must apply to the Upper Tribunal to have any restriction on that land cancelled or modified.
The law around land covenants is very complex. Our lawyers are highly experienced in dealing with this area of law so you can feel confident that any issues will be resolved.
Enforcing covenants on land or property
Covenants are enforced by the Upper Tribunal and can be challenged. You can make an application to have a covenant discharged or modified. This is a complicated process, and it is wise to seek legal advice before proceeding.
Building on land with covenants
If there is a restrictive covenant not to build on a specific section of land, the owner of the land must gain permission from the person who benefits from the covenant. If you breach a covenant without receiving this permission, you may face legal action. To prevent this happening, you may consider taking out ‘indemnity’ insurance to counter any attempt to enforce the covenant. Find out more about boundary disputes.
Removing covenants from deeds
If taking out insurance is not an option, you can consider seeking a declaration from Land Registry that the covenant is invalid.
Benefitting from a covenant
It may be that you have the benefit of a covenant and your neighbour is breaching the covenant in which case it is important to seek legal advice in order to protect your position. Get further guidance on planning projects and the planning law surrounding them.
At Kingsley Smith Solicitors we offer practical solutions queries surrounding covenants in title, using our extensive expertise and specialist knowledge.
If you need help with an issue associated with covenants in title, you can make an initial online enquiry or call us on 01634 811118, all for a fixed fee.