Problems with restrictive covenants

Are you experiencing a problem with a restrictive covenant? We have a specialist legal team who can help you.

These are restrictions on what you can do with your property, or restrictions that limit what other people can do with their property if it will have an adverse impact on yours. You will find them in your title documents.

It is often the case, that when a large piece of land has been developed for residential housing, the titles of all the houses in that estate will contain the same covenants. They will generally be:

  • Limit the liability to sell off garden land and build a new house.
  • Prevent a business being carried out at the property
  • Limit the size of an extension or garage.

Unfortunately the fact that you have planning permission will not override the validity of the covenants. Issues of planning and issues of restrictive covenants are separate matters and are dealt with in completely different ways.

If you want to prevent activity that would be in breach of a covenant that benefits your land, you need to act quickly once you become aware of that activity taking place. If you delay, you may be deemed to have waived your entitlement to prevent it.

We will provide you with advice as to how best to deal with your problem. This may involve pursuing an application at the First Tier Property Chamber, but we will provide you with the options available to you in pursuing or defending your claim, achieving the best possible outcome.

Our clients describe us as efficient, strategic and innovative, and we will use our extensive expertise and knowledge to guide you through the right process for you.

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