Throughout the process of buying your property, it is important for your lawyer to have informed you about the rights and obligations, also referred to as covenants, that impact your property. These covenants and rights can be found in the title register and other related documents like conveyances and transfers that pertain to your property.
Undoubtedly, many homeowners tend to forget the details shared with them during their purchase. Nevertheless, it is crucial that you possess knowledge about the covenants governing your property and understand their potential implications on your desired land or property usage. Failure to do so may put you at risk of unknowingly violating these obligations.
Understanding the Definition of a Covenant
Restrictive covenants are obligations that dictate what is permissible and what is prohibited on a piece of land or property. They are one of the two main types of covenants, the other being positive covenants. In this article, we will primarily delve into the concept of restrictive covenants.
A restrictive covenant imposes limitations on the actions and permissions that can be exercised on a property or plot of land. This type of covenant is binding to the land itself, rather than the individual homeowner, which means that both the advantages and disadvantages of the covenant remain associated with the land. Consequently, if any of the original parties involved in the covenant decide to sell their property, the restrictive covenant will continue to apply to the land and can still be enforced.
Frequently Encountered Instances of Binding Agreements
Limiting agreements can address a variety of matters, listed here are the prevalent forms of limiting agreements one may come across.
- It is important to seek permission before making any changes or additions to your property, such as constructing an extension.
- Avoid parking caravans or commercial vehicles on your premises.
- To avoid inconveniencing or irritating your neighbours.
- Running a business from your property is not recommended.
- It is advised against installing a satellite dish or any similar equipment at the front of your property.
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Exploring the Possibility of a Security Breach
If you own a property or land that is subject to a restrictive covenant, the individual who benefits from the covenant has the right to prevent you from violating it or to require you to rectify any breaches. For instance, suppose you intend to construct an extension on your property, but there is a covenant that prohibits such construction without obtaining your neighbour’s consent. If you proceed with building the extension without their approval, your neighbour has the authority to take legal action against you.
The possible remedies that can be pursued by a party who is entitled to the restrictive covenant encompass a variety of options.
- A request for payment in exchange for their past approval.
- Damages
- Injunctive relief i.e to stop you from carrying out the work or for any works undertaken to be removed/demolished.
Is it Possible to Eliminate a Binding Restrictive Covenant?
If you wish to remove or modify a restrictive covenant, you can submit an application to the Upper Tribunal. However, it is important to note that this process can be challenging, as it involves navigating a complex area of law. Therefore, we strongly recommend seeking legal guidance as early as possible if you intend to pursue the removal of a covenant.
This article aims to emphasize the significance of comprehending the restrictive agreements that impact your property. It is crucial to be aware that violating a restrictive covenant can result in severe repercussions for the party involved, even if they have done so unintentionally.