Restrictive covenants

The editors of this section of the site are Emma Humphreys and Georgina Redsell, partner and senior associate at Charles Russell Speechleys

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.


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