How to Remove a Restrictive Covenant on your property

What is a restrictive covenant?

A restrictive covenant on a property is a legal agreement that limits the use or development of the property in some way. It is a private agreement that is usually contained in the property’s title deeds and is binding on all future owners of the property.

A restrictive covenant may be imposed by a previous owner of the property or by a third party, such as a local authority or a developer. Beneficiaries of the covenant may have set it up to preserve the character of a neighbourhood, protect the value of nearby properties, or prevent certain types of development that could cause harm or nuisance to others.

Examples of common restrictive covenants include:

• Prohibitions on building or extending on the property
• Restrictions on the use of the property for certain purposes, such as commercial or industrial uses
• Limitations on the number or type of vehicles that can be parked on the property
• Restrictions on the height, design or appearance of any buildings constructed on the property
• Requirements to maintain certain features, such as trees or hedges, or style of windows on the property.

If a property owner breaches a restrictive covenant, they may be liable for damages or forced to comply with the terms of the covenant. It is important to carefully review the terms of any restrictive covenants before purchasing a property as they can have significant implications for the property’s use and value.

If there is a restrictive covenant on your property, you may be wondering how to remove or modify a a restrictive covenant. 

How to know if a restrictive covenant exists on your property

To determine whether a restrictive covenant exists on your property, you should start by reviewing your property deeds. The title deeds will typically include a section on restrictive covenants, which will list any covenants that apply to the property.

You can obtain a copy of your property’s title deeds from the Land Registry. The title deeds may also be available from your conveyancing solicitor or mortgage lender, if you have used their services in relation to the property. The covenants may be contained in a separate schedule or annexure to the deeds, or they may be included in the body of the deeds.

If you are unsure whether a particular covenant applies to your property, you may need to seek legal advice from a solicitor or conveyancer. They can help you interpret the terms of the covenant and advise you on whether it is enforceable and how it may affect your use of the property.

Can a restrictive covenant be removed?

Section 84 of the Law of Property Act 1925 is a provision of law that allows restrictive covenants affecting land to be discharged or modified. It sets out the circumstances under which a person can apply to the Upper Tribunal Lands Chamber for an order to modify or discharge a restrictive covenant affecting their property.

The section applies to all types of restrictive covenants, whether they are contained in deeds, conveyances, or other legal documents. To apply for an order under section 84, the applicant must demonstrate that the covenant either:

• Impedes the reasonable use of the land; or
• Is obsolete, and no longer serves any useful purpose to the party who has benefit of the covenant.

If the Lands Tribunal is satisfied that one of these grounds is met, it may make an order to modify or discharge the covenant. The order may set out the terms of the modification or discharge, and may also include any necessary compensation to be paid to affected parties.

It is important to note that the Lands Tribunal has a wide discretion in deciding whether to grant an order under section 84, and each case will be considered on its individual merits. It is also important to seek legal advice from a solicitor or conveyancer who has experience in dealing with restrictive covenants before applying for an order under section 84, as the process can be complex and may incur extensive legal costs.

How to remove a restrictive covenant

Removing a restrictive covenant can be a complex and challenging process, and it is often necessary to seek legal advice from a solicitor.

The following are some steps that may be involved in the process of removing a restrictive covenant:

• You will need to identify all parties who are affected by the covenant, including the original covenantor, the current owner of the property, and any other parties who have an interest in the property, such as a successor in title.
• In some cases, it may be possible to negotiate with the affected parties for a modification or release of the covenant. This may involve offering compensation or agreeing to alternative restrictions or conditions.
• If negotiations are unsuccessful, you may need to apply to the Lands Tribunal or County Court to have the covenant removed or modified. This will involve submitting evidence to support your case and demonstrating that there is a good reason for removing or modifying the covenant.
• If the Lands Tribunal or County Court agrees to remove or modify the covenant, you will need to register the change with the Land Registry to ensure that it is legally binding on all parties.

If you still have questions on how to remove a restrictive covenant, or wish to speak to a solicitor on our panel about obtaining a deed of release from a restrictive covenant, contact us today using the form below. 

It is also worth noting that restrictive covenant indemnity insurance is available to protect new buyers from the covenant being enforced.

Our panel firms also help with a wide range of commercial claims, such as breach of contract, restrictive covenants, and CCJ removal

Please note, we are not a firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm in return for a fee from our panel firms. We will never charge you for passing on your case to a panel firm.