Restrictive Covenant
A negative obligation attached to land, preventing the owner from doing something (e.g., building above a certain height). Enforceable in equity against successors if it 'touches and concerns' the land and the purchaser has notice.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
HM Courts & Tribunals Service guidance confirms the basic nature of a restrictive covenant: 'A restrictive covenant is a legally binding restriction imposed on land by agreement between two freehold landowners or contained in a lease.' Restrictive covenants operate as private arrangements rather than public planning controls: 'Restrictive covenants have nothing to do with the town and country planning system – a restrictive covenant can prevent development even if it has planning permission.'
A landowner bound by a restrictive covenant who wants to build or change the use of their land in a way the covenant prohibits can apply to have it removed or changed: an owner 'may apply to the Upper Tribunal (Lands Chamber) to have the restriction discharged or modified under section 84 of the Law of Property Act 1925.' This power is limited to negative obligations — 'The tribunal has no power to discharge or modify positive covenants (meaning a covenant requiring the landowner to do something, rather than not to do something) or to discharge or modify easements, such as a right of way.'
Related terms
Official sources
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