Restrictive covenants

Restrictive covenants

Long ago, restrictive covenants were in effect a form of private planning control.  They are still very important.  They are often imposed when a plot of land is divided, limiting the use of the land being sold so as to protect the land which is being retained. Please click for our Background note on Restrictive covenants law.

Questions we can help with include:

• What sorts of restrictions on the use of land can be imposed by means of a restrictive covenant?

•  Will a restrictive covenant always be binding on later owners of the land in question?

• What happens if the land involved is, over the years, split up and/or merged with other pieces of land?

• What can the Lands Chamber do?  When can it cancel or alter a restrictive covenant?

Can a restrictive covenant be cancelled or altered by the two landowners concerned?

• Will a restrictive covenant cease to have effect if it is ignored for a period of time?

• How relevant is the planning position to the effect of a restrictive covenant?

• Will the court enforce a restrictive covenant by means of an injunction?


See also: Obtaining advice, Private rights of way, Ransom strips.

For our print publishing website, please see, and for our website which provides support for residents’ associations in private roads, see:


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