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
A briefing on fall protection systems for designers
A legal requirement and an ethical must.
CIOB Ireland launches manifesto for 2024 General Election
A vision for a sustainable, high-quality built environment that benefits all members of society.
Local leaders gain new powers to support local high streets
High Street Rental Auctions to be introduced from December.
Infrastructure sector posts second gain for October
With a boost for housebuilder and commercial developer contract awards.
Sustainable construction design teams survey
Shaping the Future of Sustainable Design: Your Voice Matters.
COP29; impacts of construction and updates
Amid criticism, open letters and calls for reform.
The properties of conservation rooflights
Things to consider when choosing the right product.
Adapting to meet changing needs.
London Build: A festival of construction
Co-located with the London Build Fire & Security Expo.
Tasked with locating groups of 10,000 homes with opportunity.
Delivering radical reform in the UK energy market
What are the benefits, barriers and underlying principles.
Information Management Initiative IMI
Building sector-transforming capabilities in emerging technologies.
Recent study of UK households reveals chilling home truths
Poor insulation, EPC knowledge and lack of understanding as to what retrofit might offer.
Embodied Carbon in the Built Environment
Overview, regulations, detail calculations and much more.
Why the construction sector must embrace workplace mental health support
Let’s talk; more importantly now, than ever.
Ensuring the trustworthiness of AI systems
A key growth area, including impacts for construction.