Areas of Law / Property

How long are covenants enforceable? Who has a right to remove them? Are they passed on to successive owners of a building or a property? Do planning departments have a legal duty to take covenants into account when debating planning applications?

There are different types of restrictive covenant, some of them (for example) benefiting the original developer of the plot on which the house is built, and some benefiting land or neighbouring land. In theory all restrictive covenants can be enforced, but older ones may have so little practical value that they may not be worth enforcing. Depending on the wording in the deeds they may continue to apply when the affected properties change hands. Such covenants can be cancelled if they’re unenforceable, or by agreement with the beneficiary, or via the Lands Tribunal. Planning permission will not overrule a covenant. Take specialist advice.

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