Restrictive Covenants on Residential Property

When you buy a property, it will sometimes come with restrictive covenants.  Purchasers often ask us “it is my property… why am I not allowed to erect a shed in my garden or keep a caravan on my drive without seeking the original developer’s consent?”

This is a logical question, but it is important to understand why a restrictive covenant is in place and not to do anything which breaches it.

Restrictive covenants are put in place with good intentions and are generally designed to protect the aesthetic appearance of an estate and create a sense of uniformity and clarity. The developer has invested time and money to create homes that will be sold and bought multiple times over. The idea behind restrictive covenants is that attractive homes on attractive estates will appeal to buyers.

Some examples of the sorts of restrictive covenant that we come across frequently are not to erect a satellite dish on the front of the property, not to keep poultry on the property, not to park a caravan or motor home within the boundaries of the property and not to make any structural alteration to the property without the prior written consent of the Developer. There are many others, and they will vary from one estate to another.

Discover more about Adele Satur

When you buy a property which has been registered at HM Land Registry, you are given a copy of your title information document. This may or may not refer to other documents, such as “Transfer of Part of Registered Title” or “Conveyance Deed” to give some examples. These documents will comprise your deeds, and some of these could contain restrictive covenants. Although these documents are not physically attached to the title information document, any document referred to in the title information document should always be kept with and read in conjunction with the title information document.

If you are considering making any alterations to your property, it is sensible to check your deeds and make sure that you do not require consent from the developers. Please be aware that restrictive covenant consent is not the same as consent of the Council. You may also need to get planning permission or Building Regulations Consent from the relevant Local Authority.

Many homeowners have breached a restrictive covenant in some way. If you are concerned that you have, one of your options is to write to the enforcer of the covenant (in many cases the developer) and ask them for retrospective consent. Alternatively, you could take out restrictive covenant indemnity insurance to cover the costs of any legal proceedings in case the developer takes you to Court for non-compliance.

The solicitors at Fraser Dawbarns LLP will be happy to review your conveyancing and property-related matters. Contact Adele Satur on 01366 381820 or adelesatur@fraserdawbarns.com for further information on how MDR will affect you.

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP is always happy to provide such advice.