Restrictive Covenants: What they are and what you can do about them

If you have ever bought a home or piece of land, you may have come across something in the title called a restrictive covenant.

It is not always clear what they mean at first glance, but they can have a real impact, especially if you are planning to build, extend, or use the property in a particular way.

In this article, we look at what restrictive covenants are, how they can be changed or removed, and what your options are if one is standing in your way.

What is a Restrictive Covenant?

A restrictive covenant is a contractual obligation placed on the owner of a piece of land, limiting what they can do with the land. These are often put in place by developers or previous owners and are meant to protect neighbouring land or keep the area in a certain condition.

Some typical examples include:

• Not being allowed to build on certain parts of the land
• Restrictions on using the property for business purposes
• Limits on extensions or certain types of buildings
• Rules around fencing, parking, or even keeping certain animals.

These rules do not just apply to the person who first accepted them. Unlike positive covenants, a restrictive covenant can stay attached to the land itself, so anyone who owns or lives on the property in the future also must follow it.

Can they be changed or removed?

Yes, and quite often they can be if there is a good reason. If a covenant is outdated, unnecessary, or unfairly limiting what you can do with your property, you may be able to apply to have it changed or removed.

An application for discharge or modification can be made through a formal application to the Upper Tribunal (Lands Chamber) under the Law of Property Act 1925.

You might have a good case if:

• The covenant no longer makes sense due to changes in the area
• It is stopping you from making reasonable use of the land
• The person benefiting from the covenant agrees to remove it, or has not objected to past breaches
• No one would be negatively affected by the change.

The process involves gathering evidence (such as planning permission or expert reports) and notifying any affected neighbours or parties. It is not always straightforward, but it can be worth pursuing, particularly if it is holding up a development or sale.

What if you can’t remove it?

If it is not practical to remove a covenant, or you just want to move forward without delay, indemnity insurance is a common and effective option.

This type of insurance protects you financially in case someone tries to enforce the covenant after a breach (whether intentional or not). It typically covers:

• Legal defence costs
• Compensation claims
• Any potential drop in the property’s value.

It is often used during property transactions, especially if the covenant is old, unclear, or has not been enforced for many years.

Indemnity insurance may not be available to you if you have contacted the party who benefits from the covenant. It is important, therefore, that you take proper legal advice before having such discussions.

Our advice? Do not panic – but do act early

Restrictive covenants might sound intimidating, but they do not have to stop your plans. The important thing is to get advice as early as possible. At Ashtons Legal, we collaborate with homeowners, developers, and businesses to understand these rules and, most importantly, find the best way to move forward.

Whether you are trying to develop land, sell a property, or just want peace of mind, we can help you:

• Understand whether a covenant is enforceable
• Explore options to modify or remove it
• Arrange suitable indemnity insurance if needed
• Negotiate with affected parties where appropriate.

Contact our Property Disputes solicitors today

If you are facing a restrictive covenant issue or simply want to check what applies to your property, contact our experienced team. We will explain everything clearly, guide you through your options, and help you find a solution that works for you.

If you have any questions regarding the points raised in this article, please get in touch with our specialist Property Litigation team by using our online enquiry form or calling 0330 404 0738.