Glossary

Restrictive covenant

The definition, where it sits on your title, and the three ways round one.

Last updated 5 min read

A restrictive covenant is a promise, given when land was first sold off, not to do something with it: no business use, no building without consent, no fence forward of the house. It sits in the charges register and binds every later owner, not just the person who made it. It can be released, insured against or modified by the Upper Tribunal, but it should not simply be ignored.

Restrictive covenant means

A promise in the title limiting what you can do with land.

Land gets sold off in pieces, and a seller usually wants control over the piece they release. So the transfer carries promises from the buyer, given for themselves and everyone after them, not to do certain things. That is a restrictive covenant: negative in substance, whatever words the deed uses.

It attaches to the land, not the person who agreed it. Buy a house today and you can take on covenants a stranger accepted in 1898, if the burden was intended to run and still runs as a matter of general law. The entry in the charges register does not make it binding, and the Land Registration Act 2002 says so: under section 32(3) the fact that an interest is the subject of a notice does not necessarily mean the interest is valid, only that its priority, if valid, is protected. What the entry does is keep the covenant's priority against a buyer for valuable consideration under a registered disposition, under section 29. The converse does not follow. Section 28 leaves the priority of an unprotected covenant untouched against anyone who is not such a buyer, so somebody inheriting the house or receiving it as a gift can be bound by a covenant that carries no entry at all (checked 20 September 2026). Nobody is obliged to warn you. You are expected to read the register, and to ask whether what you find there is actually enforceable.

Keep it apart from a positive covenant, a promise to do something such as repair a shared drive. That burden does not pass to a later freehold owner: the House of Lords confirmed the rule in Rhone v Stephens [1994] 2 AC 310, affirming Austerberry v Corporation of Oldham, and it remains the law (the Law Commission recommended replacing it in 2011 and nothing has been enacted, checked 20 September 2026). That is why estates fall back on a direct covenant from each buyer on each sale, backed by a restriction on the register, and on management companies. You may still see a positive covenant on a register: a notice records that it exists and protects its priority if it is valid, and it cannot make a burden run that the law says does not.

Also called
Negative covenant, Restriction in the title deeds, Covenant on the land
Applies in
England and Wales

How do I find a restrictive covenant on my title?

Read the charges register on the title register. The covenant is either set out in full or noted as contained in a deed of a given date, with the words "copy filed" or a short summary. Ask for the filed deed. A summary can leave out the words that decide whether your extension is caught.

The property register can matter too: it sometimes notes that your land has the benefit of covenants over neighbouring plots, so you can enforce as well as be bound. On unregistered land there is no register to read. The covenants sit in the old conveyances, protected by a Class D(ii) land charge registered against the name of the estate owner under section 2(5)(ii) of the Land Charges Act 1972, which covers a covenant restrictive of the use of land, other than one between a landlord and tenant, entered into on or after 1 January 1926 (checked 20 September 2026). A covenant older than that cannot be registered at all and binds a buyer who has notice of it.

Searches will not find it. Only the title does.

Who can enforce a restrictive covenant?

Only someone who owns land with the benefit of it, and only while the covenant still does that land some good. On a modern estate that can be the developer, and under a building scheme every other plot owner. A building scheme needs the four things set out in Elliston v Reacher [1908] 2 Ch 374: title derived from a common vendor, an estate laid out in plots before sale subject to restrictions meant to apply to all of them, restrictions intended for the benefit of every plot, and plots bought on that footing. Where those are made out the plot owners can enforce against each other. On a former council house it is usually the council. On an 1890s covenant the beneficiary is often untraceable.

That uncertainty is the practical problem. A buyer and a lender will not proceed on a guess, so the question on a sale is rarely whether anyone will enforce, but whether the risk can be handled in a form both accept.

Can a restrictive covenant be removed?

By three routes, and the choice turns on who has the benefit, how old the covenant is and what you want to do. The first removes nothing: it is an indemnity policy covering owner and lender against loss if the covenant is ever enforced. Whether a lender will accept one is not a general rule; each lender answers that for itself in its own part of the UK Finance Mortgage Lenders' Handbook, and the answer has to be checked for the lender on the file. Take the insurance question first, because approaching the person with the benefit, or making enquiries about the covenant, can destroy the insurability of the risk. The second route is a deed of release or consent from the person with the benefit. The third is an application to the Upper Tribunal (Lands Chamber) under section 84 of the Law of Property Act 1925 to discharge or modify it. The grounds are that the restriction has become obsolete through changes in the character of the property or the neighbourhood; that it impedes some reasonable use of the land, where it either secures no practical benefit of substantial value or advantage to those entitled or is contrary to the public interest, and money would be adequate compensation; that those entitled have agreed, expressly or by their acts or omissions; or that discharge or modification will not injure them. The tribunal must also weigh the development plan and the local pattern of planning decisions. It can order the applicant to pay compensation, either for the loss suffered or for the reduction in the price originally received, but under one of those heads and not both (sections 84(1), (1A) and (1B), checked 20 September 2026).

RouteHow it worksBest whenDrawbacks
Indemnity policyA one-off policy covering owner and lender against loss if the covenant is enforcedHistoric covenant, beneficiary untraceable, nobody has complainedCovers loss, not the covenant; whether earlier contact with the beneficiary affects cover is a matter of the policy wording, so ask the insurer before you approach anyone
Release or consentThe beneficiary signs a deed of release, or consents to the specific works, and the entry is amendedBeneficiary known and cooperative, covenant recentGives them a price to name, and cover may not be offered once the beneficiary has been approached, so check the policy position before you ask
Upper Tribunal, section 84The Upper Tribunal (Lands Chamber) discharges or modifies a covenant that is obsolete, that impedes a reasonable use of the land without securing practical benefits of substantial value, that the beneficiaries have agreed to release, or that injures nobody (section 84(1)(a), (aa), (b) and (c) with section 84(1A), checked 20 September 2026)You want it gone for good, for example before a developmentA tribunal process rather than a form-filling one, measured in months, needing evidence and usually a valuer; the tribunal can order compensation, either for the loss the discharge causes or for the reduction in the price the land fetched when the covenant was imposed (section 84(1)(i) and (ii))

What happens if a covenant has already been breached?

Take advice before you approach anybody. An open breach that has stood for years is often insurable on good terms because nobody has complained, and an insurer may treat earlier contact with the beneficiary as something that affects whether cover can be offered at all. That turns on the individual policy wording rather than on any published industry rule, so the question is put to the insurer first. Where the beneficiary is known and reasonable, a release is permanent and a policy is not, so both are worth pricing before either is ruled out.

Delay also weakens enforcement. A beneficiary who watched the extension go up may struggle to get an injunction years later, though damages remain possible: the court has a discretion under section 50 of the Senior Courts Act 1981 to award damages instead of an injunction, and the Supreme Court in Coventry v Lawrence [2014] UKSC 13 held that discretion is not fettered by any mechanical test (checked 20 September 2026). Deal with it before you market the property, not after a buyer's conveyancer finds it. Our selling service reads the charges register before marketing for that reason.

What this means for you

Where a covenant is old, the beneficiary cannot be traced and nobody has complained, a policy is normally the quickest answer. We tell you what it must cover and whether your lender will accept it, without approaching anyone, and you buy it from an insurer or through a broker.

No obligation. Fixed fee confirmed in writing before anything starts.

Frequently asked questions

Does planning permission override a restrictive covenant?

No. They are separate systems. You can hold a valid permission and still be in breach, and the person with the benefit can act on it regardless of what the council decided.

How long does a restrictive covenant last?

Indefinitely, unless released, modified by the tribunal, or expressed to end on a date. Age alone does not kill it. Discharge for obsolescence under section 84(1)(a) turns on whether a change in the character of the property or the neighbourhood means the covenant can no longer serve its original purpose, not on the passage of time (checked 20 September 2026), though age does make enforcement harder and insurance easier.

Will a lender lend on a property with one?

Usually, where an indemnity policy is in place and the limit reflects the value. A recent covenant with a known beneficiary and an obvious breach is where a lender wants a release instead. What will satisfy a lender is set lender by lender in its own part of the UK Finance Mortgage Lenders' Handbook, so it is checked against the particular lender rather than assumed.

Can the entry be taken off the register?

Yes, in three cases: a registered deed of release, an order of the Upper Tribunal, which HM Land Registry gives effect to on the register under section 84(8) of the Law of Property Act 1925, or an application on form CN1 with evidence satisfying the registrar that the protected interest has come to an end (Practice Guide 19, updated 27 July 2026, checked 20 September 2026). No fee is payable to cancel a notice under Schedule 4 to the Land Registration Fee Order 2024. Common ownership can end a covenant, but only where the same person holds and is in possession of both the benefited and the burdened land, so ownership on paper is not enough on its own, and a conveyancer's view that the covenant no longer binds is not evidence. Where the entry is a unilateral notice the application is form UN4 instead.

Who has the benefit on a former council house?

Usually the local authority that sold it under the right to buy. Those covenants often restrict alterations for a set number of years. Because the beneficiary is known, insurance is rarely the answer; a retrospective consent from the council, for a fee it sets, usually is.

Is a restrictive covenant the same as a restriction on the register?

No, and the words trip people up. A restriction in the proprietorship register controls how a disposition is registered. A restrictive covenant controls what you may do with the land. Different entries, different jobs.

Sources and further reading

About this page

Written by the Property Law Online team

Last updated

Found a covenant that worries you?

Tell us what you need and we will reply by email.

Rather write to us directly?