A covenant is a binding legal obligation that comes with ownership of a particular property. Forming part of the Title Register (deeds) and generally imposed by the original owner or developer, covenants apply to the property itself and therefore automatically transfers with ownership.  

Although not policed by local authorities as they are essentially private arrangements, covenants are enforceable by the granting of injunction through the courts.

They stipulate specific things that the property owner either must or must not do and can be both positive, for example an obligation to maintain the boundaries - or restrictive, including such things as not being a nuisance to your neighbours or not carrying out any trade from the property.

Historic covenants on older properties can be quite quaint, reflective of a former way of life, for example, not being permitted to extract water from the land for public sale, or a ban on keeping a horse and cart on the premises – not things we’re likely to fall foul of and unlikely to cause any major legal complications in the conveyancing process.

However, those on newer homes and residential developments are more realistic of life today. The original builder or developer may have placed restrictive covenants designed to protect the look and amenity of the estate, stipulating things like a ban on the parking of caravans, a prevention of building on a specific section of the land, or certain alterations such as converting a house into flats. Such covenants can be enforced by any resident against any of the others - and they often are.

Remember, covenants are property specific and will be flagged during the conveyancing process. To check any legal obligations, see your original deeds and/or consult a solicitor.

If you’d like to discuss this more, give us a call on 01392 204800 and chat with our experienced team - we’d be happy to help.