Restrictive covenants

Restrictive covenants guidance:

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

Practice Note

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

Date Parties 1 [insert name of Servient Owner] of [insert address] [incorporated in England and Wales with company registration number] [insert company registration...

Precedents

This Deed is made on [date] Parties 1 [name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company registration number...

Precedents

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

Building schemes arise where land has been developed by being laid out in plots and then offered for sale and sold to different buyers, each buyer entering into...

Practice Note

In a restrictive covenant, ‘annoyance’ can occur even where there is no legally actionable nuisance. Covenants in freehold transfers and leases frequently impose a...

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

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

1 Definitions Plan means the plan annexed to this Transfer; Retained Land means the Transferor’s land shown edged [as appropriate] on the Plan. 2 Restrictive covenants...

Precedents