Restrictive covenants

Restrictive covenants - a legal minefield?

A restrictive covenant is a legally binding promise between a buyer of land and a seller not to do certain things with the land. It binds the land and not the buyer personally and therefore runs with the land. This means that the covenant can continue even when the buyer sells the land on to another person. Restrictive covenants can also continue to have effect even when they were made decades ago.

With years of experience managing land we also have years of experience dealing with restrictive covenants - and helping with the common questions: Are they binding? May I get them removed or amended? Can I enforce them? Do they have value? Do they affect the value of my property? Who or what benefits from them now?

Usually these questions arise because owners want to do something or stop something happening. Strutt & Parker has an excellent track record in helping its clients achieve their goal and the practical task of negotiating the minefield.

For more information, get in touch using this form or contact one of our experts on restrictive covenants.


Land Business magazine

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Click to read the most recent edition of Land Business, featuring Scottish land reform, the effects of the election, and more.

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Land Business Spring 2015