This might be the case with a covenant that prohibits the building of an extension or other such work. They will be responsible for enforcing any breaches or answering any queries or applications.Īnother important factor to consider before purchase is whether the value of a property could be affected going forward. Or, whether it has passed onto another individual or private company. This is usually with the current landowner. In addition, it is important to check where the ‘benefit of the covenant’ resides. Once the title deeds are signed, you will be held accountable for any incurred breaches. If you are thinking of buying, it is imperative that you instruct your conveyancing solicitor to examine the property deeds thoroughly and to flag up any covenants before you close the transaction. This means that they are applicable to all future purchasers of the property and not just the original purchaser.

The important thing to remember about restrictive covenants is that they ‘run with the land’. How do restrictive covenants affect homeowners? This is because the original landowner or builder cannot be traced, because the wording is ambiguous and therefore difficult to apply or because the covenant has become historically obsolete. However in some cases, very old covenants are considered unenforceable. The age of the covenant doesn’t necessarily affect its validity. Restrictive covenants can be placed on older properties too. Restrictive covenants do not only apply to new build homes. Do restrictive covenants only apply to new build s ? This can mean anything from prohibiting the fixture of satellite dishes or security cameras to the front of the house, parking a caravan or boat in the front garden, keeping chickens or other livestock or allowing a garden to become overgrown and untidy.Īlternatively, landowners may place restrictive covenants on the piece of land they are selling in order to protect value, minimise damage and retain a degree of control. Housing developers and property management companies will often add restrictive covenants to a Transfer Deed in order to prevent owners from undertaking work or other practices which could impact negatively on a neighbourhood or undermine a desired level of ‘uniformity’ and/or maintenance. In many cases, covenants are designed to uphold certain standards for all residents. preventing trades or businesses from operating on the land.preventing buildings or other substantial structures from being erected on a section of land or.preventing owners from making alterations to a property (such as building an extension or converting a house into flats, for example).They can cover a wide range of issues, but the most common examples tend to include: Restrictive covenants are binding conditions that are written into a property’s deeds or contract by a seller to determine what a homeowner can or cannot do with their house or land under particular circumstances.

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