Restrictive covenants

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Practice notes
A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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19th May
Practice notes
Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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19th May
Practice notes
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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19th May
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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19th May
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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19th May
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Q&As
The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May

Most recent Restrictive covenants content

Practice notes
Declaratory relief of planning decisionsA declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a...
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18th Aug
Q&As
Is there any potential stamp duty land tax payable as a result of entering into a deed of release/variation of a restrictive covenant affecting a...
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Produced in partnership with Sean Randall of Blick Rothenberg 16th Aug
Precedents
Deed of release of covenantsThis Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in...
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10th Aug
Precedents
Declaration that there is no building scheme, seller free to modify covenants1It is agreed and declared that nothing contained...
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10th Aug
Precedents
Deed of covenant (imposing new covenants on land—restrictive or positive)DateParties1[insert name of Covenantor ][of [insert address] OR incorporated...
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10th Aug
Q&As
Is there any case law or commentary which considers the scope and meaning of 'for domestic and light agricultural purposes' in the context of the use...
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Produced in partnership with Helen Galley of XXIV Old Buildings 10th Aug
Q&As
Can (A) impose a restriction on a property stating it isn't to be used as a place of worship or religious institution (falling under D1)?Having...
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10th Aug
Q&As
What fees can be charged for granting consent under a freehold restrictive covenant? Are these limited to reasonable fees in line with the limitations...
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10th Aug
Q&As
Does a right of pre-emption run with the land and bind all successors-in-title if it is not expressly set out in the transfer and then noted against...
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10th Aug
Q&As
What are the remedies/options available to someone whose neighbour has planted trees (less than two metres in height) in front of their property...
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Produced in partnership with Desmond Kilcoyne 10th Aug
Q&As
Is there a limitation period that applies for enforcing a breach of covenant. If so, what is the period?It is common for interests in land to be...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug
Q&As
Is it necessary, when entering into any covenants relating to property, for those covenants to be granted by deed or can such covenants be validly...
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Produced in partnership with Alex Campbell of Arden Chambers 10th Aug

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