If a restrictive covenant has come up during the conveyancing process, you’re in good company. Restrictive covenants are more common than many buyers realise, and understanding what one means for you often turns an unexpected finding into a straightforward decision. In most cases, they don’t stand in the way of going ahead with a property you love.
Below is what a restrictive covenant does, when it’s worth thinking twice, and the practical questions worth asking before you commit.
Related: Property covenants explained: what buyers and sellers should know
What is a restrictive covenant?
A restrictive covenant is a rule written into a property’s title deeds that limits what an owner can do with the house or the land. They’re often put in place when a plot is sold from a larger estate, to help protect the character of the area or the interests of neighbouring homeowners.
The important thing to know is that restrictive covenants “run with the land.” That means they don’t fall away when the property changes hands; whoever owns the home takes on the same rule. HM Land Registry records restrictive covenants in the title register of a property, which is where your conveyancing solicitor will look when going through the deeds.
What are the most common restrictive covenants?
Some restrictions come up far more often than others, particularly on modern developments and older estates where the original landowner wanted a consistent look and feel. The most common examples include:
- Building extensions or additional structures without written consent
- Converting a house into flats or splitting it into separate dwellings
- Running a business or trade from the property
- Keeping certain animals or livestock
- Parking commercial vehicles, caravans or motorhomes on the driveway
- Making changes to the external appearance of the property, such as paint colours or roof materials
- Putting up satellite dishes, security cameras or signage on the front of the house
Many are small, everyday-life restrictions that most homeowners would happily live with. Others can genuinely affect your plans, which is why understanding the wording of each one really matters.
Related: Boundary rules: Which fence is yours?
Can a neighbour enforce a restrictive covenant?
In principle, yes. The right to enforce a covenant sits with whoever holds the “benefit” of it, and that’s often a neighbour, particularly on estates where the original developer set the covenants up so that every homeowner benefits from them collectively. If they can show the covenant has been breached and it affects them, they may be able to take action through the courts.
In practice, though, not every covenant is straightforward to enforce. The person trying to enforce it needs to be able to show they still hold the legal benefit, and with older covenants, that link can be genuinely difficult to trace. This is one of the things your solicitor will look into when they examine the title.
Are restrictive covenants enforceable after 20 years?
Age on its own doesn’t make a covenant unenforceable. A covenant written into the deeds decades ago can, in theory, still apply today if it meets the legal requirements and the benefit has passed properly with the land. That said, the older a covenant is, the more likely it becomes that the original beneficiary or benefiting land can no longer be traced, which makes enforcement much harder in real life.
If a covenant has been consistently ignored for a very long time, that can also weaken any future case for enforcing it, though it doesn’t erase the covenant itself. If you’re hoping to rely on the age of a covenant as reassurance, that’s a conversation to have with your solicitor rather than an assumption to go on alone.
Related: Local authority searches when buying: What you really need to know
What to do if you’re buying a property with a covenant
Your conveyancing solicitor will pick up any restrictive covenants when they review the title register from HM Land Registry and take you through what each one means in practice.
There are usually three helpful questions to think about:
- What does the covenant restrict, and does it affect anything you’re planning to do with the property now or later?
- Who holds the benefit of it, and is there a realistic prospect of enforcement?
- Has the covenant been breached previously, and if so, how was it handled?
Where a covenant is technically valid but unlikely to be enforced, indemnity insurance is sometimes arranged to protect you and your mortgage lender against any future claim. Where a covenant genuinely gets in the way of what you want to do, there may be options to have it modified or discharged through the Upper Tribunal, though that route involves detailed legal argument and is best led by a specialist. One thing worth knowing either way: planning permission and restrictive covenants are separate legal matters, so being granted planning permission for an extension or change of use doesn’t override any covenant that would otherwise stand in the way.
Related: What is an easement? A complete guide for buyers
Is it worth going ahead?
For most buyers, the answer is yes. A restrictive covenant isn’t in itself a reason to walk away from a property you love, especially where the wording doesn’t get in the way of how you plan to live in the home. The key is going in with a clear picture of what’s restricted, how likely enforcement would be, and what your options are if anything ever comes up.
Whether you’re weighing up a property with a covenant or simply want a knowledgeable local perspective, your local Parkers branch is here to help you make an informed decision.
