What Is a Covenant on a Property?

When you buy a property in England and Wales, you might come across the term property covenant. These legal agreements are tied to the land and can affect what you can or cannot do with your home. Ignoring a covenant could lead to legal action or financial consequences, so it's important to understand what they are, how they work, and whether you can remove them.

This guide explains what covenants on a property mean, why they exist, the types you may come across, and how to deal with them when buying or selling a home.

What Are Property Covenants?

A covenant is a legally binding condition or restriction attached to a property title. It is written into the property deeds and registered with the Land Registry. Covenants are typically created when land is sold or developed and are intended to preserve the character, use, or value of the land.

Covenants can either:

• Restrict certain activities (known as restrictive covenants)

• Require the property owner to do something (known as positive covenants)

They “run with the land”, meaning they continue to apply to future owners, not just the original party.

Why Are Covenants Needed?

Covenants are used to:

• Protect the character of a neighbourhood or housing development

• Maintain access rights or shared responsibilities (like upkeep of private roads)

• Ensure landowners don’t use their property in a way that affects neighbours or developers

• Help enforce planning and design standards in new estates

They are often included in new-build or leasehold properties to give developers ongoing control, even after selling the freehold.

Common Types of Property Covenants in England

Restrictive Covenants

Restrictive covenants limit what you can do on or with the property. Common examples include:

• No building of extensions or outbuildings without consent

• No operating a business from the property

• No parking of caravans or commercial vehicles on the drive

• No alterations to the external appearance of the house

• No nuisance or noise beyond acceptable levels

These are the most common and are often enforced by neighbours, developers, or management companies.

Positive Covenants

Positive covenants require you to do something. Common examples include:

• Maintaining a boundary fence or shared wall

• Contributing to the cost of maintaining a private road or shared access

• Keeping property in good condition

• Obtaining consent before altering shared services or drainage

Unlike restrictive covenants, positive covenants don’t automatically pass to future owners unless they are enforced through a deed or indemnity scheme.

The Most Common Property Covenant in England

The most widespread covenant found on properties is the restriction against making structural changes or extensions without prior consent, especially in new developments. Developers often include this to retain architectural consistency or to control changes that might affect neighbouring plots.

How to Check for Covenants on a Property

To find out whether a property has any covenants:

• Check the Title Register from HM Land Registry (a copy costs £3 online)

• Ask your solicitor to review the Title Plan and Title Deeds during conveyancing

• Review the seller’s property information form and any management company rules

Restrictive covenants are usually recorded under the "Charges Register" section of the title.

Can You Remove or Modify a Property Covenant?

Yes, but it’s not always straightforward.

Options include:

• Negotiating a release with the beneficiary of the covenant (for example, a neighbour or developer)

• Applying to the Upper Tribunal (Lands Chamber) to have the covenant discharged or modified if it’s outdated, unreasonable, or impeding use of the property

• Taking out an indemnity insurance policy if the breach is historic or unlikely to be enforced

However, breaching a covenant without action can lead to legal consequences, including fines, an injunction, or being forced to undo works already carried out.

What Happens If You Breach a Covenant?

If you breach a restrictive covenant and the person or group entitled to enforce it becomes aware, they may:

• Ask you to stop the breach (e.g. halt building work)

• Require you to remove or reverse the change (e.g. take down an unauthorised extension)

• Seek damages or compensation

• Apply for a court injunction to enforce the covenant

In some cases, you can resolve the issue by retrospective consent or paying a settlement, but this depends on the enforcer’s willingness and your circumstances.

Examples of Covenants

• "No alterations shall be made to the external appearance of the property without the consent of the original developer."

• "The owner shall not keep any livestock other than domestic pets."

• "The property may not be used for commercial purposes."

• "The transferee covenants to maintain the boundary fence on the south side of the plot."

These can affect everything from extensions and loft conversions to parking and pet ownership.

Final Thoughts

A property covenant is a legal condition that can restrict or require certain actions by the owner. They are common across freehold and leasehold properties, especially in newer developments. Understanding any covenants on a property before you buy is essential, as they may affect your plans or require consent for future changes.

If you discover a covenant that could be a problem, speak to a solicitor or conveyancer for advice. With the right steps, you can often manage, insure against or in some cases even remove a restrictive covenant altogether.