As the name suggests a restrictive covenant restricts you from specific activities on a specified land/property. Some covenants are essential whilst others have been obsolete over the years.
Unfortunately most people are not fully aware of the covenants affecting their titles until they are faced with a notice of breach. Restrictive covenants can include anything from covenants not to make too much noise to prohibiting any alterations or developments without requiring consent from the person enforcing the covenant. This can be time consuming and an unnecessary burden.
Conversely, if you are looking to sell a number of plots in a small residential estate, you want to ensure the area will be looked upon favourably by potential buyers so as to not detrimentally affect your investment. An example of this might be where you would like to limit what the land can be used for by the buyers i.e. not for any commercial purpose.
When it comes to restrictive covenants we can:
- Highlight the covenants affecting the land/property
- Preparing release of covenants
- Preparing deeds of covenants
- Registering covenants at the Land Registry