A restrictive covenant is an agreement that relates to the use of a piece of land. One party will restrict the use of its land in some way for the benefit of another’s land. It is tied to the land so can affect all future purchasers of a property.
These restrictive covenants are often still enforceable, so it is important to seek legal advice. The covenant may have been imposed when the property was originally built. If this is the case, it may be necessary to contact the original developer if you wish to make an extension or alteration to your property.
At Kingsley Smith Solicitors, we can check the Deeds for you and, if necessary, advise on an application to the First-Tier Tribunal (Property Chamber) to have a restrictive covenant removed.
Let Us Help With A Restrictive Covenant
When could a restrictive covenant affect your property?
Restrictive covenants are normally listed next to your property title at the Land Registry, with a corresponding entry in the title of your neighbour’s property.
This type of restrictive land covenant could be concerned with the size of a building or the use of a building. Perhaps, for example, your neighbour is planning to add a second property to their land, but this addition is restricted within the covenant. This could result in a breach of the covenant and so could be challenged.
The law surrounding restrictive covenants is very complex and the courts strongly encourage mediation as a means of dispute resolution.
Expert Advice Regarding Restrictive Covenants
Our expert planning team can help you navigate the intricacies of this complex area of law, considering all key documents. If we think a covenant has been breached or may be about to be, we can ask the court for an injunction. Alternatively, the court may make an order for monetary compensation. Find out more about land and property covenants.
Please call us on 01634 811118 or complete our online enquiry form.
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