Partner, Land Management
Covenants and real burdens
Guiding landowners through the minefield of managing, buying or selling land subject to a restrictive covenant or real burden.
Many landowners will own land that has the benefit of or is burdened by a restrictive covenant (England and Wales), or a real burden (Scotland).
These are legal obligations affecting land or buildings which typically restrict certain activities, impose building restrictions or allocate responsibility for repair and maintenance.
Covenants or real burdens are attached to the land, rather than the person who first agreed to it, which means they can continue even when the land is sold to another person. For this reason, they can continue to have effect even if they were made decades ago.
With years of experience managing land we also have years of experience dealing with the management challenges these land laws can bring.
Answering your questions
We can help 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. Alternatively, they may be considering buying or selling land which is either already subject to a restriction or they would like to put one in place.
Strutt & Parker has an excellent track record in helping its clients achieve their goal and in tackling the practical tasks of negotiating restrictive covenants and real burdens