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...
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.
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...
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...