Restrictive covenants

Restrictive covenants guidance:

A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any...

Practice Note

For freehold and long leasehold land it is possible to apply to the court for a declaration stating whether the land is affected by any restriction and, if so its: •...

Practice Note

Restrictive covenants are frequently imposed when land is divided so that future development requires the consent of: • the original seller, or • the original seller and...

Practice Note

Application to the Lands Chamber of the Upper Tribunal (previously the Lands Tribunal) A person with an interest in freehold and certain leasehold land can apply to the...

Practice Note

Application to the Lands Chamber of the Upper Tribunal (previously the Lands Tribunal) A person with an interest in freehold and certain leasehold land can...

Practice Note

Express release A restrictive covenant may be varied or released expressly by the beneficiary. The difficulty is identifying with certainty the extent of the land...

Practice Note

No presumption of success if planning permission obtained The fact that planning permission has been granted for a development which would breach a restrictive covenant...

Practice Note

Express release A restrictive covenant may be varied or released expressly by the beneficiary. The difficulty is identifying with certainty the extent of...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Practice Note

The primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the courts have jurisdiction to award damages instead...

Practice Note

Registrable restrictive covenants Restrictive covenants imposed on unregistered land are registrable as D(ii) land charges unless: • entered into before 1926, or • made...

Practice Note

The National Trust’s powers to enforce restrictive covenants In addition to the National Trust’s power to enforce restrictive agreements and covenants benefiting its land...

Practice Note

Covenants restricting the use of land imposed by a seller may be divided into three classes: • covenants imposed for the seller’s own benefit • covenants imposed as owner...

Practice Note

This Practice Note covers the practice and procedure for property-related claims in the Upper Tribunal (Lands Chamber) (UT) and the type of claims which may be heard by...

Practice Note