The online resource for UK Property Law

Restrictive covenants

This section of the site contains information on various matters relating to restrictive covenants:

  • Benefit of covenants – Has the person who wants to enforce the covenant got the benefit of it?
  • Burden – Is the person who wants to carry out the development subject to the burden of the covenant?
  • Consent to development – Can the person with the benefit unreasonably withhold consent?
  • Enforcing covenants – Injunction or damages in lieu?
  • Interpretation of covenants – a case on the meaning of “a private dwelling house”.
  • Modification of restrictive covenants under s84 of the 1925 Act to allow the development to proceed – when will this happen, what do you need to establish, how is compensation assessed, what is the procedure?
  • Variation under s610 of the Housing Act 1985 to allow conversion from one large house to a number of smaller dwellings – a procedure often overlooked.

To select the topic of interest to you click on the list on the lift.

To use the The Upper Tribunal (Lands Chamber) website to search for decisions in restrictive covenant cases (or indeed any other case) click here. For the enforcement of positive covenants click here.

Annexation – Bath Rugby Ltd

In this article, the team at Charles Russell Speechleys consider the lessons to be learnt from the decision in Bath Rugby Ltd v Greenwood and Ors v Bath Recreation Ltd [2021] EWCA Civ 1927. Annexation; the importance of identifying the land to which the benefit of the...

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Variation under s610 of 1985 Act

Conversion to two or more lettings Width of discretion Lawntown Limited v Camenzuli [2007] EWCA Civ 949 Introduction Many practitioners will be familiar with the power of the Upper Tribunal (Lands Chamber) to discharge or modify restrictive covenants pursuant to s84...

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Overage

The editor of this section is Peta Dollar, solicitor and freelance property law trainer (peta@petadollar.co.uk)  SPS Groundworks and Building Ltd v Mahil  [2022] EWHC 371 (QB) http://www.bailii.org/ew/cases/EWHC/QB/2022/371.html Summary  An overage provision...

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Modification and discharge

Introduction A developer or other person seeking to get round a restrictive covenant has four possible options - depending on the circumstances: Go to the High Court for a declaration stating that the restrictive covenant is not enforceable for one reason or another....

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Interpretation – breach

Covenant not to cause annoyance Reduced views from building extension sufficient to cause annoyance Davies v Dennis [2009] EWCA Civ 1081 A covenant not to cause nuisance or annoyance was capable of protecting the views towards the river of those with the benefit of...

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Enforcing covenants

This page deals with injunctions (interim and final) and damages in cases where one party is seeking to enforce a restrictive covenant. See also damages in lieu of an injunction. Injunction Interim injunction Gregory v Court Royal Ltd [2002] EWHC 936 (Ch) The...

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Consent to development

Who do you ask for consent? The original transferor of the land who took the benefit of the covenant, or his successor in title who now has the benefit of the covenant? Can the consent be unreasonably withheld? Finally, what is the situation where there is a...

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Benefit of covenants

A person cannot enforce a restrictive covenant unless he or she has "the benefit of the covenant". If the parties are the original parties to the covenant there is no problem. The covenant can be enforced like any other contract. However, the covenant may have been...

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Burden

This page contains details of a few points that are relevant to the "burden" of restrictive covenants. Unless the person who is seeking to breach of the restrictive covenant is in fact subject to the burden of the covenant it will not be possible to take action...

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