Can a neighbour enforce a restrictive covenant?

Restrictive covenants are legal agreements that are put in place between property owners to, for example, restrict how a property is later utilised or changed. Often, restrictive covenants are written into contracts and/or deeds, in order to control how a property will be used, with the justification that this helps to maintain standards within the surrounding area or neighbourhood.

Our solicitors are experts in this field of law, so if you are facing an issue with a neighbour enforcing a restrictive covenant, or you feel that a neighbour is breaching a restrictive covenant we are uniquely positioned to assist you.

Restrictive covenants encompass a broad range of limitations, such as:

• Land Use Restrictions: These dictate the type of constructions that can be built on a property, encompassing factors like their maximum height, and the distance they must maintain from property boundaries.
• Commercial use Restrictions: Some covenants might impose restrictions on specific commercial activities.
• Environmental Protection: Occasionally, limitations are put in place to preserve the environment, such as placing constraints on the felling of trees and other plant life.

Who can enforce a restrictive covenant?

The individuals who are eligible to enforce restrictive covenants will be the beneficiaries of said covenant and can vary from case to case. It’s important to note that just because someone is eligible to enforce a restrictive covenant, doesn’t mean that they will always be successful. Typically, beneficiaries include successors in title, neighbouring landowners and entities who are specifically named in the covenant documentation. To enforce a restrictive covenant, the individual or entity must have a direct interest in the property that is subject to the covenant’s restriction.

It is important to have comprehensive knowledge of the intricacies of who can enforce various covenants, which can be gained through detailed analysis of the covenant’s wording, any relevant property titles and legal framework. Our solicitors at IBB are experts within this field and would be happy to assist you with understanding any restrictive covenants that you may be dealing with.

What if I don’t comply?

Should you fail to comply with a restrictive covenant, there are a variety of legal implications and consequences. For example, non-compliance can result in legal action being taken against you by the beneficiaries of the covenant. This legal action can result in you having to pay damages as well as legal fees, so it’s always advisable to have an experienced solicitor examine the fine details of the restrictive covenant before taking any action.

Depending on what the terms of the covenant are, potential consequences also include injunctions which would legally force you to stop whichever activity is violating the terms of the covenant.

Our solicitors have years of experience advising clients on a range of matters related to restrictive covenants. If you are considering taking action regarding a restrictive covenant, such as wanting to complete work that would be a breach of a covenant, engaging in negotiations to alter existing covenants, or pursuing legal actions for covenant breaches, our solicitors specialising in restrictive covenants can deliver tailored counsel and advocacy to safeguard your rights and interests. Leveraging our understanding of property law and our commitment to securing optimal results for our clients, our skilled and efficient professionals are well-prepared to aid you with all matters related to restrictive covenants.

Contact our Property Disputes Solicitors

Our solicitors at IBB are well-versed in all matters related to restrictive covenants and will be happy to answer any queries you may have regarding this subject, as well as providing excellent restrictive covenant advice. If you are facing an issue with a neighbour enforcing a restrictive covenant, or you feel that a neighbour is breaching a restrictive covenant, we encourage you to speak to one of our solicitors.

To get in contact with one of our expert solicitors, you can call us on 0345 638 1381 or email us at enquiries@ibblaw.co.uk.

Alternatively, you can use our contact form to make an enquiry.