Covenants on land are a fundamental aspect of property law in England and Wales, shaping how landowners use and manage their property. Though often hidden in title deeds or overlooked by buyers, covenants can carry significant legal and practical consequences.
At Blackstone Solicitors, we offer expert legal guidance on covenants affecting land—whether you are purchasing, developing, or looking to enforce or remove an existing covenant. This article provides an in-depth overview of land covenants: what they are, how they operate, and how they may affect property rights.
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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of covenants on land, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Definition of a Land Covenant
A covenant is a formal agreement between parties that imposes certain obligations or restrictions relating to land. Covenants typically appear in title deeds or lease agreements and bind the land rather than the individual owner.
There are two primary types of land covenants:
- Restrictive covenants: These prohibit specific actions on the land (e.g. not to build further structures or not to run a business).
- Positive covenants: These require the landowner to take specific actions (e.g. maintain a fence or contribute to shared costs).
Restrictive covenants “run with the land”, meaning they may bind successive owners if conditions are met. Positive covenants, on the other hand, generally do not bind successors unless special mechanisms are in place.
Common Examples of Covenants
Land covenants can take many forms, and some of the most common include:
- Prohibition on building extensions without consent
- Ban on business use of residential property
- Restriction on keeping animals or conducting noisy activities
- Requirement to contribute to shared access road maintenance
- Obligation to maintain a boundary wall or garden area
- Requirement to observe estate rules in managed developments
These covenants may be imposed by developers, neighbouring landowners, or local authorities and are often intended to preserve character, prevent nuisance, or regulate shared use.
Legal Effect and Enforceability
The enforceability of a covenant depends on whether it meets certain legal criteria and is properly registered or noted.
Restrictive Covenants
Restrictive covenants are typically enforceable against successive owners if:
- The covenant “touches and concerns” the land
- There is a dominant tenement that benefits from the restriction
- The covenant is clear and capable of enforcement
- It is properly registered or protected as a notice or restriction on the title
For registered land, restrictive covenants usually appear in the title register. For unregistered land, they may be found in the title deeds and may still bind successors depending on notice and whether the benefit has passed.
Positive Covenants
Positive covenants do not usually bind successors to the original covenanting party. However, mechanisms such as indemnity covenants, rentcharges, or chain of covenants can be used to extend their effect.
In practice, positive covenants may still be enforced through contractual agreements or obligations in leasehold developments, especially where management companies play a role.
Identifying Covenants in Title Documentation
When acquiring property, it is essential to review all documentation carefully to identify existing covenants.
Solicitors acting for buyers will:
- Review the title register for registered land
- Examine title deeds for unregistered land
- Scrutinise lease agreements, management company rules, and planning documents
- Advise on the legal implications of any identified covenants
Failing to identify or understand a covenant may expose owners to legal action or financial liabilities.
Modifying or Removing Covenants
In some circumstances, property owners may wish to modify or remove covenants that restrict land use or cause practical issues.
Legal Remedies Include:
- Applying to the Upper Tribunal (Lands Chamber) to discharge or modify a restrictive covenant under Section 84 of the Law of Property Act 1925
- Negotiating with the beneficiary (e.g. neighbouring landowner or developer) for release or variation
- Challenging the covenant’s validity on grounds such as ambiguity or lack of benefit to the land
The tribunal may approve a modification or discharge if:
- The covenant has become obsolete
- It prevents reasonable use of the land
- No injury will be caused to the beneficiary
- All affected parties consent
Legal advice is essential in determining the prospects of success and navigating procedural requirements.
Enforcing Covenants
Covenant breaches may lead to enforcement action by parties entitled to benefit from the restriction.
Enforcement Options Include:
- Injunctions: Court orders compelling compliance or halting breach
- Damages: Compensation for loss or harm caused by breach
- Specific performance: Court mandate to carry out positive obligations
Enforcement depends on the beneficiary’s ability to prove the covenant is enforceable and that they have suffered loss or damage.
At Blackstone Solicitors, we assist clients in both pursuing and defending enforcement claims, offering robust advice and strategic representation.
Impact on Property Value and Usage
Covenants can affect:
- Property value: Restrictions on development or usage may reduce market appeal
- Financing: Mortgage lenders may raise concerns over burdensome covenants
- Planning: Restrictions may hinder planning permissions even if approval is granted
- Saleability: Buyers may hesitate if covenants are unclear or extensive
Buyers, sellers, and developers must take covenants seriously when transacting land. Legal due diligence is crucial.
Covenants in Leasehold and Freehold Properties
Covenants are common in both leasehold and freehold arrangements but operate differently:
Leasehold Properties
Lease agreements typically contain a wide array of covenants:
- Maintenance and repair obligations
- Behavioural standards
- Restrictions on alterations
Landlords or management companies may enforce lease covenants directly and require compliance.
Freehold Properties
Covenants on freehold land arise through title deeds and registrations. Enforcement depends on identifying the party with the benefit and proving legal standing.
Practical Considerations for Property Owners
Whether you are buying, selling, or developing land, consider the following:
- Investigate title documentation thoroughly
- Clarify the parties who benefit from any covenants
- Assess the practical effect on intended use
- Seek legal advice before breaching or ignoring any restriction
- Explore modification or discharge where appropriate
At Blackstone Solicitors, we offer comprehensive advice on covenants and provide strategic solutions tailored to each client’s property interests.
Final Thoughts
Covenants on land are more than mere formalities—they regulate, restrict, and influence the way property is used and enjoyed. Whether positive or restrictive, covenants carry legal weight and can affect everything from everyday living to major development plans.
For buyers, developers, and owners, understanding these obligations is essential to avoid disputes and secure intended outcomes. Legal advice should be sought early to ensure covenants are properly identified, interpreted, and addressed.
At Blackstone Solicitors, we assist clients across England and Wales with covenant reviews, enforcement actions, and applications for modification or discharge. Our team combines deep expertise in property law with practical solutions to protect your interests and maximise property value.
How to Contact Our Commercial Property Solicitors
It is important for you to be well informed about the issues and possible implications of covenants on land. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Commercial Property solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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