Contemplating a house purchase with restrictive covenants? Hear what the experts have to say.
Purchasing a property can be an exciting time, but it's essential to be aware of potential restrictions that may come with the deed. One such restriction is a restrictive covenant. Here's what you need to know about them.
Restrictive covenants are legal restrictions that regulate the appearance or use of a property. They are often found in property deeds and can be enforced by law. These restrictions can range from controlling the type of structures you can build, limiting extensions, or even forbidding certain business activities.
Most properties do not have restrictive covenants, but those that do should be taken seriously. Some common examples include restrictions on building, use limitations, limits on extensions or types of buildings, rules about fences, parking, or animals, and architectural and development requirements.
Before exchanging contracts, a title check can be carried out at the Land Registry for a relatively low cost. A solicitor should provide a report on title detailing any restrictive covenants and their potential risks. It's crucial to seek truly independent legal advice from a SRA registered legal professional when dealing with restrictive covenants.
Removing a restrictive covenant is usually only possible with the consent of the person who put it in place or their successor. However, if the person cannot be found or there is a dispute, a court application can be made to the Upper Land Tribunal. The court may modify or discharge a restrictive covenant with legal help.
It's important to note that claims in land should be brought within 12 years according to the Limitation Act 1980. This means that legal action must be taken within 12 years of a breach of a restrictive covenant. A breach of a restrictive covenant can result in legal action against the property owner.
Restrictive covenants can devalue a house if they forbid extensions, the erection of solar panels, or the parking of certain vehicles. Some restrictive covenants prevent the installation of large structures, like garden buildings, security cameras, or satellite dishes.
However, restrictive covenants can also be challenged or overturned if they are found to be unreasonable or if they conflict with other legal obligations such as planning laws. For example, a covenant that forbids extensions might be overturned if it's found to be unreasonable, or a covenant that restricts the number of pets might conflict with animal welfare laws.
In conclusion, while restrictive covenants are designed to protect neighboring land, preserve the character of an area, or maintain certain conditions on the land, it's essential to be aware of them when buying a property. Always conduct a title check, seek legal advice, and be prepared to challenge any unreasonable or outdated restrictions.
[1] Land Registry Guide to Restrictive Covenants [2] Law Society Guide to Restrictive Covenants [3] Citizens Advice Guide to Restrictive Covenants [5] GOV.UK Guide to Removing a Restrictive Covenant
- A restrictive covenant can be a legal restriction imposed on a property's appearance or use, often found in property deeds, and enforced by law, possibly limiting the structures you can build or even forbidding certain business activities.
- Properties might not have restrictive covenants, but those that do should be taken seriously, as they can range from controlling the type of buildings you can build, to limiting extensions or even forbidding solar panel installations or the parking of certain vehicles.
- Before exchanging contracts, it's advisable to carry out a title check at the Land Registry for a relatively low cost, as a solicitor should provide a report on title detailing any restrictive covenants and their potential risks.
- Removing a restrictive covenant is usually only possible with the consent of the person who put it in place or their successor, but if they cannot be found or there's a dispute, a court application can be made to the Upper Land Tribunal.
- Restrictive covenants can devalue a house if they forbid extensions, solar panel eructions, or the parking of certain vehicles, some even preventing the installation of large structures like garden buildings, security cameras, or satellite dishes.
- These restrictions can be challenged or overturned if they are found to be unreasonable or if they conflict with other legal obligations such as planning laws, for example, a covenant that forbids extensions might be overturned if it's found to be unreasonable, or a covenant that restricts the number of pets might conflict with animal welfare laws.
- It's crucial to seek truly independent legal advice from a SRA registered legal professional when dealing with restrictive covenants, and it's important to be aware that claims in land should be brought within 12 years according to the Limitation Act 1980.
