Restrictive covenants

Q&As

Is a covenant restricting use of a property to a 'single private residence' infringed by letting the property to multiple tenants? Does the answer differ if the tenants occupy under a single tenancy agreement rather than on separate tenancy agreements? Also, would the covenant prevent conversion of the property into flats?

Is a covenant restricting use of a property to a 'single private residence' infringed by letting the property to multiple tenants? Does the answer...

13th May

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 freehold title in return for payment of a financial consideration?

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...

Produced in partnership with Sean Randall of Blick Rothenberg 13th May

Practice notes

Modification and discharge of restrictive covenants—the statutory route

See Practice Note: Modification and release of restrictive covenants—the non-statutory route in relation to the non-statutory route.Application to the...

11th May

Precedents

Deed of release of covenants

This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...

23rd Apr

Practice notes

Interpreting covenants—nuisance or annoyance

Covenants against nuisance and annoyanceA form of restrictive covenant frequently found in freehold transfers and leases is one imposing a requirement...

12th Apr

Practice notes

Restrictive covenants and unregistered land

Registrable restrictive covenantsRestrictive covenants imposed on unregistered land are registrable as D(ii) land charges unless:•entered into before...

8th Apr

Practice notes

Interpreting covenants—whose consent is required?

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

8th Apr

Practice notes

Modification and release of restrictive covenants—the non-statutory route

See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...

8th Apr

Practice notes

Modification and release—interaction with planning

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

8th Apr

Practice notes

Competition law—grocery retailers

The Groceries Market Investigation (Controlled Land) Order 2010 made by the Competition Commission (whose functions were transferred to the...

8th Apr

Practice notes

Restrictive covenants in favour of the National Trust

The National Trust’s powers to enforce restrictive covenantsIn addition to the National Trust’s power to enforce restrictive agreements and covenants...

8th Apr

Practice notes

Restrictive covenants—nature and characteristics

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...

8th Apr

Q&As

What use class of the Town and Country Planning (Use Classes) Order 1987 (UCO 1987) does use as a 'highway' fall in to? If land is subject to a restrictive covenant prohibiting any use except uses within classes B1, B2 or B8 of the UCO 1987, would use of the land as a highway be a breach of the restrictive covenant?

Planning use classes in England and Wales are described and classified in the Town and Country Planning Use Classes Order 1987 (UCO 1987), SI...

26th Mar

Practice notes

Declaratory relief of planning decisions

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...

25th Feb

Precedents

Deed of covenant (imposing new covenants on land—restrictive or positive)

DateParties1[insert name of Covenantor ][of [insert address] OR incorporated in England and Wales with company registration number [insert company...

23rd Feb

Q&As

A property is subject to a personal covenant not to use it for certain purposes and the buyer will be giving an indemnity (in the form of an indemnity covenant in the transfer to the seller). If the buyer gives the indemnity covenant, will the buyer be bound by the personal covenant?

A covenant restricting the use of land imposed for the seller’s own benefit is personal to the seller and only enforceable by them, unless expressly...

19th Feb

Q&As

What remedies are available to a buyer whose solicitors have breached their duty of care (negligence) and acted in breach of retainer in failing (i) to use the correct forms of Land Registry transfer (ii) to include necessary grants and reservations of rights and imposition of restrictive covenants with the result that the buyer (a) cannot register the transfer with the Land Registry and (b) in circumstances where the seller is refusing to enter into new and correct forms of transfer?

Basis of liability in professional negligence claimsOur Practice Note: Bringing a professional negligence claim based on the duty in contract, tort...

11th Feb

Q&As

Would it be a breach of the following covenant to use the property for holiday lets: ‘Not to use or permit to be used the property for the carrying on of any trade or business whatsoever and will use the same as a single private dwelling house only’?

If the lease states that the flat can only be used as a private residential property, then it would be a breach of the lease to use the property for...

22nd Jan

Q&As

Does a restrictive covenant prohibiting the use of a property as a hairdresser shop, prohibit its use as a barbershop?

It is not always clear cut when it comes to interpreting the language and meaning of a restrictive covenant, and each case will turn on its own facts....

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 22nd Jan

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 placed on landlords?

The first consideration is the wording of the covenant itself. On the assumption that the covenant does not identify specific heads of expenditure...

22nd Jan

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