Restrictive covenant
A restrictive covenant, is a restriction imposed by a seller of a piece of land that prevents the buyer from using it in a way that could cause harm to land the seller has retained.
Restrictive covenants might:
- Prevent buildings or structures being erected on the land.
- Prevent use of the land for business activity.
- Prevent residential development on the land.
For a restrictive covenant to be enforceable the land benefiting from the restriction must be identified, and the benefit must have passed to the person trying to enforce it.
Restrictive covenants may have an expiry date, and may in practice turn out to be unenforceable.
In certain circumstances, where the restriction may have become inappropriate, the the Lands Tribunal (now the Upper Tribunal (Lands Chamber)) may have the power to modify or discharge it.
For an example case, see Modifying a restrictive covenant.
[edit] Related articles on Designing Buildings Wiki
- Burdens.
- Deed of easement.
- Derogation from grant.
- Easements.
- Encumbrances.
- Land register.
- Leasehold covenants.
- Liens.
- Modifying a restrictive covenant.
- Overage.
- Rights over land.
- Right to light.
- Right to a view.
- Rights of way.
- Servient estate.
- Wayleave.
[edit] External references
Featured articles and news
Specifying rendered external wall insulation for fire safety
How to interrogate the evidence provided to the specifier.
The benefits of writing articles for your organisation
How to create a profile for your organisation and publish for free.
No Falls Week. The importance of safe working at height
What to expect and what is on offer to avoid accidents.
Scottish Government action to reach net-zero targets
Retrofit expert group highlight critical actions needed.
A forward thinking, inclusive global community of members.
From engineered product life-spans, to their extension.
Circular economy in the built environment
A brief description from 2021. Where are we now?
Mental Health Awareness Week with ABS
Architects Benevolent Society programme of activity.
CLC publishes domestic retrofit competency framework
Roadmap of Skills for net zero.
May 13-19: Moving more for our mental health.
Understanding is key to conservation.
Open industry engagement survey seeks responses
Institutions and the importance of engagement.
National Retrofit Hub unveils new guide
Digital Building Logbooks and Retrofit: An Introduction.
Enhancing construction site reporting efficiency
Through digitisation and the digital revolution.