What is a restrictive covenant on a property?
A restrictive covenant is a legally binding obligation registered against land, limiting what the owner may do with it. Crucially, it runs with the land — it binds future owners, not just whoever agreed to it originally.
Typical examples:
Not to build or extend without the consent of a named party.
Not to use the property for business or trade.
Not to keep certain animals, or to park caravans, boats or commercial vehicles.
To maintain a boundary fence or hedge.
Not to erect fences above a certain height, common on open-plan estates.
To use the property as a single private dwelling only, which prevents conversion into flats or an HMO.
Where they come from. Usually imposed by a developer to preserve the character of an estate, or by a landowner selling off part of a larger holding and wishing to control what happens next door. Many are decades or even a century old.
How enforceable are they? This is the practical question, and the answer is: it varies.
Who can enforce it matters most. A covenant is enforceable by someone with the benefit of it — typically the owner of neighbouring land it was designed to protect. If the original beneficiary no longer exists, or the benefiting land cannot be identified, enforcement may be impossible in practice.
Obsolete covenants are common. Restrictions referencing a defunct company, or conditions overtaken by how the area developed, may be unenforceable.
But do not assume. Breaching an enforceable covenant can result in an injunction requiring demolition, or damages.
What to do: your conveyancer should identify covenants from the title register. If a covenant blocks your plans, options include seeking consent from the beneficiary, obtaining restrictive covenant indemnity insurance — which covers financial loss but does not remove the restriction — or applying to the Upper Tribunal to modify or discharge it.
Positive covenants requiring action are enforced differently.