Imagine getting planning permission for your dream extension, only to discover a decades-old promise buried in your title deeds that forbids any new building at all. This is the reality of restrictive covenants — one of the most common, and most overlooked, issues in buying, selling and developing property.

Many covenants were created many years ago, yet they can still bind land long after the people who created them are gone. For homeowners, buyers and developers alike, they can reduce a property’s value, hold up a sale, or spark expensive disputes. Knowing whether a covenant exists, whether it still has legal force, and what can be done about it is an important part of owning or developing land.

What is a restrictive covenant?

A restrictive covenant is a legally binding promise that limits how a piece of land can be used, for the benefit of other land nearby.

The key word is “restrictive”. These covenants stop a landowner from doing something — unlike “positive” covenants, which require the owner to actively do something (such as maintain a fence or contribute to the cost of a shared road).

Common examples of restrictive covenants prevent an owner from:

putting up additional buildings
using the property for trade or business
parking caravans or commercial vehicles
keeping livestock
changing the appearance of the property without consent
dividing the land into separate plots
carrying on activities that cause a nuisance or annoyance to neighbours

Most covenants like these were originally put in place by developers wanting to preserve the character of an estate, or by landowners who sold part of their land but wanted to protect what they kept.

Why do they matter?

A restrictive covenant can have a real impact on what your property is worth and what you can do with it. A homeowner might secure planning permission for a large extension, then find a covenant blocks any new building. A developer might buy land for new homes, only to learn that historic restrictions limit it to agricultural use.

One point catches people out time and again: planning permission does not override a restrictive covenant. The two systems do different jobs. Planning rules control development in the public interest; restrictive covenants protect private property rights. Satisfying one does not remove the need to deal with the other.

How do you find out if one applies?

Restrictive covenants usually come to light during the conveyancing process, when the title deeds and HM Land Registry records are examined.

For registered land, the “Charges Register” will often mention any covenants affecting the property — but the full wording may only appear in older deeds, such as historic conveyances or transfers. That is why it is so important to review the title paperwork carefully, and to take legal advice, before you commit to a purchase.

Are all restrictive covenants enforceable?

Not necessarily. Although a covenant can last indefinitely, it will only actually be enforceable if certain legal conditions are met.

Difficulties often arise with very old covenants, where it is unclear who, if anyone, now has the right to enforce them. In other cases, the area may have changed so much over the years that the covenant has become pointless. Every situation turns on its own facts — the mere existence of a covenant does not automatically mean it can still be enforced.

What happens if a covenant is breached?

Someone who has the benefit of a covenant can go to court if it is broken.

The most serious outcome is an injunction — a court order requiring the owner to stop the offending activity, and in some cases even to pull down a building that has already gone up. Alternatively, the court can order the owner to pay damages instead, particularly where money would be enough to put right the harm caused.

Because the consequences can be so severe, covenant issues are far better dealt with before work starts than discovered after a project is finished.

Practical tips for buyers and developers

Before buying land or starting any development, it pays to:

review the title paperwork carefully
look into older conveyances and transfers
consider whether your plans might clash with any existing restrictions
get specialist legal advice early

Spotting covenant issues early can save a great deal of time, cost and uncertainty further down the line.

In summary

Restrictive covenants are a powerful and often overlooked feature of property law. Many were created decades ago, yet they can still affect owners and developers today — restricting alterations, changes of use and redevelopment. Careful investigation of the title and early legal advice are essential to work out whether a covenant can be enforced and, if so, what can be done about it. For buyers, developers and homeowners alike, understanding these covenants is the key to avoiding costly disputes and using your land with confidence.

How we can help

Our Property Litigation Team regularly advises both landowners whose property is affected by a restrictive covenant and those who hold the benefit of one. Whether you are looking to unlock the development value of a site or resolve a dispute with a neighbour, we can guide you through your options — from negotiation and insurance to a tribunal application.

Please get in touch with the Property Litigation Team to discuss any covenant issue.