Restrictive covenants

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Practice notes
Once a development occurs, it is then moved to the relevant archive:•Property key future developments tracker—2020 archive•Property key future...
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22nd Oct
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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22nd Oct
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID–19 outbreak....
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20th Oct
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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20th Oct
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
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26th Sep
Practice notes
Presumed grantAn easement may be established by long use:•at common law•under the doctrine of lost modern grant (a species of common law...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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26th Sep
Practice notes
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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26th Sep
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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26th Sep
Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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26th Sep
Practice notes
A covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities created by a contract will bind the parties to...
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26th Sep
Practice notes
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...
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26th Sep
Practice notes
Under the Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994), the seller will normally provide covenants for title, in...
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25th Sep
Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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25th Sep
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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25th Sep

Most recent Restrictive covenants content

Practice notes
The National Trust’s powers to enforce restrictive covenantsIn addition to the National Trust’s power to enforce restrictive agreements and covenants...
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25th Sep
Practice notes
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...
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25th Sep
Practice notes
Registrable restrictive covenantsRestrictive covenants imposed on unregistered land are registrable as D(ii) land charges unless:•entered into before...
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25th Sep
Practice notes
No presumption of success if planning permission obtained The fact that planning permission has been granted for a development which would breach a...
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25th Sep
Practice notes
The Groceries Market Investigation (Controlled Land) Order 2010 made by the Competition Commission (whose functions were transferred to the...
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25th Sep
Practice notes
Express releaseA restrictive covenant may be varied or released expressly by the beneficiary. The difficulty is identifying with certainty the extent...
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26th Sep
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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26th Sep
Precedents
1 Definitions Plan means the plan annexed to this Transfer; Retained Land means the Transferor’s land shown...
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26th Sep
Practice notes
Restrictive covenants are frequently imposed when land is divided so that future development requires the consent of:•the original seller, or•the...
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26th Sep
Practice notes
Application to the Lands Chamber of the Upper Tribunal (previously the Lands Tribunal)A person with an interest in freehold and certain leasehold land...
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26th Sep
Practice notes
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...
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26th Sep
Precedents
DateParties1[insert name of Covenantor ][of [insert address] OR incorporated in England and Wales with company registration number [insert company...
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27th Sep
Practice notes
For freehold and long leasehold land it is possible for any person interested to apply to the court for a declaration under the Law of Property Act...
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27th Sep
Precedents
1It is agreed and declared that nothing contained in this deed constitutes a building scheme or...
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27th Sep
Q&As
The benefit of a restrictive covenant is a ‘chargeable interest’ for the purposes of stamp duty land tax (SDLT). It is the benefit of a restriction...
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Produced in partnership with Sean Randall of Blick Rothenberg 28th Sep
Q&As
This Q&A focuses on the definition of ‘single private dwelling’ and its interpretation. We have not been able to find any authority which directly...
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28th Sep

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