| Restrictive Covenants |
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A restrictive covenant affecting freehold land consists of an agreement in a deed that one party will restrict the use of its land in some way for the benefit of another's land. The restrictive covenant may be enforceable against the following people: 1. the original contracting parties 2. subsequent owners against the person bound by the covenant 3. subsequent owners of the property against the original covenanting party A positive covenant is one that imposes an obligation to carry out some positive action in relation to land or requires expenditure of money. A good example of a positive covenant would be that, having purchased part of X’s land, you will within one month of the date of the transfer erect a fence between points A and B to the reasonable satisfaction of X. A restrictive covenant restricts the use and enjoyment of the land: it tells people what they can’t do. A good example of a restrictive covenant would be not to cause any nuisance, by, for example, playing loud music. This distinction is important because the burden (the obligation to observe a covenant) does not generally bind the next owners of the property where a covenant is positive in nature, whereas it may do so if the covenant is negative. The meaning and effect of a covenant must be considered carefully to see if it is genuinely negative. Covenants can be found expressed in ambiguous terms. A covenant that is really restrictive can be expressed in positive terms or vice versa. If you would like to discuss restrictive covenants with us or feel you need professional advice on anything in this section please call 01562 514870, email This e-mail address is being protected from spambots. You need JavaScript enabled to view it or contact us using the contacts page of our website. |