Commercial restrictive covenants

What are restrictive covenants?

Restrictive covenants are obligations imposed on parcels of land and impose a benefit to one landowner, and a burden (or detriment) to another. Restrictive covenants are usually the result of parcels of land being divided and sold off in plots over time, although they are often found in modern developments (i.e. “estate schemes”).

Uniquely, restrictive covenants are attached to the land, rather than the land owner, and are therefore enforceable by (and against) subsequent land owners. Breaches of restrictive covenants are significant and may enable the party with the benefit of the covenant to apply to the court to enforce the restrictive covenant against the landowner.

Where a restrictive covenant restricts development to land, the court has the power to order the destruction of any building/structure built in breach of that covenant. It is imperative therefore that specialist advice is sought from the outset.

How can Ellis Jones help?

As above, the consequences for breach of restrictive covenants can be severe. It is therefore important to take specialist legal advice as soon as possible to ensure that your interests are protected.

Our team of specialist Property Litigation solicitors are experienced in successfully navigating restrictive covenant disputes, whether through the Courts or reaching an amicable settlement.