What to do if there are Restrictive Covenants on Your Property

• Posted onOctober 23, 2025

If there are restrictive covenants attached to your home, you are not alone. Many homeowners may have forgotten about  them long after they have bought their property, often when they plan to make changes such as an extension, conversion, or even selling the property. So, what do these covenants mean, how could they affect you, and what can you do about them?

Understanding Restrictive Covenants

A restrictive covenant is a rule written into your property’s title deeds that limits what you can do with the land or buildings. It is essentially a promise made by a previous owner to use (or not use) the property in a certain way, which can continue to bind future owners.

Typical examples include:

• Not building or extending without consent
• Using the property for residential purposes only
• Keeping front gardens open and free from fences
• Restricting business or trade use
• Limiting the height or type of buildings that can be put up

These covenants are designed to protect the character or value of neighbouring land. For example, a developer who built a housing estate might include restrictions to keep the area consistent in appearance or to prevent future owners from building extra houses in their gardens.

 

Are there other types of covenant?

Yes. In addition to restrictive covenants, there are also positive covenants. These are obligations that require you to do something rather than refrain from doing it.

Examples include:

• Contributing to the cost of maintaining a shared driveway or private road
• Keeping a fence, wall, or boundary in good repair
• Maintaining a shared access or drainage system

Positive covenants do not generally pass automatically to new owners in the same way restrictive covenants do, but they can still have practical and financial implications, especially where they are managed through leasehold arrangements or shared maintenance agreements.

 

How to find out if your property has covenants

You can usually find details of any covenants in:

• Your title register, available from HM Land Registry
• The title deeds, which may refer to older covenants
• Documents provided by your conveyancer when you bought the property

If you no longer have these documents, your solicitor or conveyancer can obtain copies for you if the property is registered. If the property is unregistered you would need to locate the original title deeds.

 

What to do if you discover a Restrictive Covenant

If you have found a covenant that could affect your plans, do not panic. Here are some practical steps to take.

1. Understand what the Covenant says

Read the wording carefully. Some covenants are broad and absolute, while others are specific or limited to certain actions. For example, “not to build” could refer only to additional dwellings, not to small extensions.

A property lawyer can help interpret the wording and explain whether it is still valid and who might be able to enforce it.

2. Check who can enforce It

Usually, only someone who benefits from the covenant, such as a neighbour or the original developer, can enforce it. If that person or company no longer owns nearby land, or if the purpose of the covenant has long expired, enforcement may no longer be possible.

3. Seek legal advice before taking action

Before starting any work, speak to a property solicitor or conveyancer. Breaching a restrictive covenant can lead to serious consequences, including injunctions (court orders to stop or undo the work) or claims for compensation.

A solicitor can help you assess your options, which may include:

• Obtaining consent from whoever benefits from the covenant
• Negotiating a release or modification of the restriction
• Applying to the Lands Tribunal to have the covenant changed or removed if it is outdated or unreasonable

4. Consider Indemnity Insurance

If there is a risk that someone could enforce the covenant but it seems unlikely in practice, your solicitor may recommend indemnity insurance. This covers financial losses if a claim is made later. It can also help reassure future buyers if you decide to sell.

5. Think ahead before you sell

Covenants can sometimes delay or complicate a property sale, especially if the buyer’s solicitor spots a restriction. If you are thinking of selling, it is worth checking your title documents early and taking advice if anything looks restrictive.

 

Can Restrictive Covenants be removed?

Yes, in some cases. You might be able to:

• Agree a release with the person who benefits from it, often for a payment
• Apply to the Upper Tribunal (Lands Chamber) to modify or remove it if it no longer serves a useful purpose, prevents reasonable use of your land, or the person with the benefit does not object

However, each case is different, and professional guidance is essential before you make any application or payment.

 

How to avoid problems in the future

• Always check the title before buying land or property
• Discuss your plans early with your solicitor if you are thinking about extensions or redevelopment
• Keep copies of all consents and correspondence in case you sell later
• Budget for legal advice or insurance if restrictions are likely to apply

If your property is affected byrestrictive covenants or want to understand how they might affect your plans to sell your property, our team can guide you through your options.

To discuss the issues raised in this blog or to make an appointment with our Residential Conveyancing Team, you can do so here by using the enquiry form on this page. Alternatively, you can call us on 01453 847200.

Disclaimer: The content of this blog is for general awareness and insight. It is not legal advice and should not be relied upon without seeking professional advice tailored to your circumstances. The law may have changed since this article was published.