Discharge or dispute of a restricted covenant

A restrictive covenant is a legal obligation that typically restricts certain activities, such as erecting a building or structure, on a piece of land. They are often applied when land is sold to protect a landowner’s retained land interests, but can pose a significant challenge to the new owner if they are seeking to make changes. A restrictive covenant can derail diversification projects, block development, or delay operational changes needed to modernise your business.

Our restricted covenant services

Our specialists work closely with rural landowners to negotiate the discharge or modification of restrictive covenants and real burdens to help unlock opportunities for development, innovation, and long-term sustainability across rural businesses.

We support clients by reviewing covenants, assessing their enforceability, and identifying practical solutions to remove or alter them. Where resolution through negotiation or mediation is possible, we approach covenant holders to seek agreement on discharge or modification, providing supporting valuations to support compensation claims. Or, if the case proceeds to a tribunal, we can provide expert evidence, including testimony.

Whether you are looking to modify a covenant to permit the conversion of an old barn into a holiday let, develop a renewable energy project on your land, or modernise your operations, our experts can support you through the process. For landowners seeking to enforce a restrictive covenant, we can also provide expert evidence on the impact on land values of a breach.

Clearing the path to success

Many landowners across the UK are affected by outdated restrictive covenants or real burdens that impact their ability to modernise farm and estate operations in an already volatile climate. Our experienced team is committed to helping landowners unlock opportunities on their land to make the most of their assets and create a resilient business for the future. If you’re looking for help removing barriers to your business's success, contact our experts today.