A covenant is a legally binding promise contained in a deed, most commonly found in property documents such as title deeds or transfer deeds.
Under English law, covenants regulate how land can be used or impose obligations on landowners.
They are significant because they can “run with the land,” meaning they bind not only the original parties who agreed to them but also future owners of the property.
There are two main types of covenants in property law: restrictive and positive.
A restrictive covenant prevents a property owner from doing something, such as building additional structures, using the property for business purposes, or making alterations without consent. Restrictive covenants generally run with the land and are enforceable against future owners, provided certain legal requirements are satisfied.
A positive covenant, by contrast, requires a property owner to do something, such as contributing towards the maintenance of a shared driveway or maintaining a boundary fence. Unlike restrictive covenants, positive covenants do not automatically bind future owners of freehold land, although they may still be enforceable through specific legal mechanisms.
Covenants can have a significant practical impact on property owners. They may limit what you can build or how you use your property, require you to obtain consent before carrying out works, or oblige you to contribute to shared maintenance costs. If a covenant is breached, the party with the benefit of the covenant, often a neighbouring landowner or a management company, may take legal action. This can include seeking an injunction to stop the breach or claiming damages.
Covenants can sometimes be released or modified by agreement with the party entitled to enforce them, or by application to the Upper Tribunal (Lands Chamber). In some circumstances, indemnity insurance may be available. However, removing or varying a covenant can be complex and may require legal advice. For this reason, it is essential to review title documents carefully before purchasing or developing property, as a covenant can significantly affect your plans, the value of the property, and your ongoing legal obligations.
In conclusion, if you are buying or selling a property and have any questions about covenants or any other aspect of the transaction, please do not hesitate to contact our experienced conveyancing team.
We will guide you through the entire process and ensure that your matter proceeds as smoothly and efficiently as possible.
Kateryna Knyazyeva
Paralegal – Residential Property Department
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