What is a Restrictive Covenant?

A restrictive covenant is a contractual obligation that is attached to land, regulating what the owner can do with that land. See Practice Note: Restrictive covenants—nature and characteristics.

The Covenantee or Beneficiary is the party who owns the benefiting land and enjoys the benefit of the restriction. The beneficiary is often the party objecting to the release or modification (although not always—see below).

The covenantor or burdened owner is the party who owns the burdened land and suffers the burden of the restriction. The burdened owner is often the party seeking the release or modification (although not always—see below).

The terms ‘beneficiary’ and ‘burdened owner’ are used in this Practice Note, rather than covenantor and covenantee, to reflect the fact that the land may have changed hands since the restriction was created.

How to discharge or modify a restrictive covenant

There are two main methods available to discharge or modify a restrictive covenant which are dealt with in detail below:

1. •

   express release (the non-statutory route)

1. •

   application to the Upper