Restrictive covenants affecting land

by Practical Law Property

A practice note that outlines the essential characteristics of restrictive covenants affecting freehold land. This note explains how practitioners can check whether a restrictive covenant is valid and enforceable, either when they are negotiating a new covenant or analysing an existing one. It covers the crucial distinction between restrictive and positive covenants and details the requirements for the burden and benefit of a restrictive covenant to pass to successors in title. Key topics include annexation, assignment, the criteria for establishing a building scheme and the remedies available for a breach, such as injunctions and damages. Furthermore, this practice note explores the practical options for a landowner whose intended use of land would breach a restrictive covenant. These options include negotiating an express release, obtaining indemnity insurance, or making an application to the Upper Tribunal (Lands Chamber) to modify or discharge a covenant under section 84 of the Law of Property Act 1925 (LPA 1925).