How long do covenants last on a property?

If the covenant is attached to the land it is said to ‘run with the land’. That means it continues to apply to the land regardless of whether either the burdened or neighbouring lands have been sold on. This means a restrictive covenant can last indefinitely even if its purpose now seems obsolete.

Can you change a covenant on a property?

Many landowners assume that when a restrictive covenant is in place it cannot be removed and they just have to live with it. Fortunately, this is not the case. If it is not enforceable then an application can be made to the Land Registry to remove the covenant from the deeds.

How long are restrictive covenants enforceable?

Typically, courts tend to enforce restrictions of between 6 and 12 months, depending upon the seniority of the employee concerned and their access to confidential information and clients. This is subject, of course, to the covenants being reasonable and necessary to protect a legitimate business interest.

What does a covenant mean in property?

A property covenant is an agreement between two or more parties regarding certain use of a piece of real property. The covenant will either benefit or burden the landowner. A covenant that burdens the landowner is also called a restrictive covenant.

What happens if you break a covenant on a house?

What happens if I breach a restrictive covenant? If you own a property and unknowingly (or otherwise) breach a restrictive covenant then you could be forced to undo any offending work (such as having to pull down an extension), pay a fee (often running into thousands of pounds) or even face legal action.

Can covenants be broken?

A covenant could be found to be unenforceable if it is ambiguous in its language or if it is contrary to any competition or discrimination laws for example. An application to the Lands Tribunal to have the covenant modified or discharged. Obtaining a Court declaration as to the enforceability of the covenant.

How long does it take to remove a restrictive covenant?

Don’t assume that a covenant will be removed in your favour, and you may be required to undo all of the work completed. In addition, the application process to have a restrictive covenant modified or removed can take considerable time (potentially 18 – 24 months).

Can I break a restrictive covenant?

If you decide to ignore a restrictive covenant, or are unaware that one applies to your land and breach it, it can be enforced against you. The most common remedies available to the enforcer of a breach of covenant are compensation or injunctions to prevent you from carrying out the action which is in breach.

How do I know if a restrictive covenant is enforceable?

To be enforceable a restrictive covenant must firstly “touch and concern” or somehow benefit other land, and the benefit must also have been intended to run with that benefitting land. The covenant cannot merely be a covenant of personal benefit to the original contracting party.

Can you sell a house with a restriction on it?

When there is a restriction on your property it means you cannot sell it without meeting certain obligations.

How do you fight a restrictive covenant?

If the value or use of certain land is negatively impacted by a restrictive covenant, there are options to have the covenant removed by legal process, which include: Obtaining a written release or modification of the covenant from the party or parties who are entitled to enforce it.

How long does the Land Registry take to remove a restriction?

How long does Land Registry take to remove a restriction? Most applications to remove restriction on property are considered within 2-3 weeks, some can take up to a month. However, if your application is especially complicated or missing information, then HM Land Registry would have to make requisitions.

Can a Neighbour enforce a restrictive covenant?

If a neighbour threatens to breach a restrictive covenant binding on them you will probably want to obtain an injunction to prevent breach rather than simply claim monetary compensation. Generally only the owner of land which was, or was part of, the land intended to be benefited by the covenant, can enforce it.

How long does Land Registry take to change deeds?

The Land Registry advise that processing times for updating the register (adding a mortgage or changing ownership) take about 4 to 6 weeks, and creating a new register (transfer of part or new lease) take about 6 to 9 months.

What happens if the Land Registry makes a mistake?

If your name has been spelled incorrectly on the register or your address details are incorrect, this is a relatively minor error which fortunately can be easily rectified. In most cases, the Land Registry will rectify this free of charge.

Do you need a solicitor to change name on deeds?

Getting the name changed on your deeds is an easy process and you do not need to involve a solicitor. Generally there is no fee to pay either. You simply need to send a letter to the Land Registry office requesting the name change, together with either the original or a certified copy of your marriage certificate.

Can you get a land covenant removed?

If it is not enforceable then an application can be made to the Land Registry to remove the covenant from the deeds. If a landowner feels a restrictive covenant is unreasonable, they may have a case for having it removed altogether or, if that’s not appropriate, possibly varying or amending the covenant.

Can old covenants be enforced?

The age of a covenant doesn’t necessarily affect its validity. Very old ones can still be enforceable, though often this isn’t straightforward. In 2012 a company called Birdlip Limited was given planning permission to build two detached homes on land it owns in Gerrards Cross, Buckinghamshire.

Does a covenant expire?

As restrictive covenants don’t ‘expire’, if they are breached the person with the benefit of the covenant can enforce them against you. It is sometimes possible to have a restrictive covenant removed from a title via a government organisation called the Lands Tribunal.

What happens if I break a covenant?

What happens if you break a property covenant?

If you own a property and unknowingly (or otherwise) breach a restrictive covenant then you could be forced to undo any offending work (such as having to pull down an extension), pay a fee (often running into thousands of pounds) or even face legal action.

Can I sell my house with a restriction on it?

Can a neighbour enforce a restrictive covenant? A neighbour can only enforce a restrictive covenant on a property or land if they are the landowner that benefits from the covenant. A neighbour that has no direct connection to the restrictive covenant cannot enforce it in any way.