Restrictive Covenants
- This is an equitable right as opposed to a legal right over land. (Compare Easements)
- There are two types:
- Positive Covenants, on or over land, via covenant - i.e. a promise:
- I.e. a promise to do something on or to the land or property e.g.
- Maintain the boundary fence
- I.e. a promise to do something on or to the land or property e.g.
- Negative Covenants - a prohibition preventing something on land
- I.e. a promise NOT to do something on or to the land or property e.g.
- prohibited caravan parking in a driveway stipulated in deeds sold to owners (thus tenants are also prohibited).
- Business use at the property - thus tenants are also prohibited from running a business from the property.
- Construction - owners are prohibited from building say, an extension.
- Boundaries - e.g. fences prohibited favouring open plan garden frontage to pavements .
- I.e. a promise NOT to do something on or to the land or property e.g.
- Negative covenants pass with the land on sale (binding new purchasers) whereas positive covenants do not pass with the land on sale. This is confusing because it is the opposite of what the phrase implies.
Published: 11 November 2013
Last Updated: 30 November 2021