Restrictive covenants on land: Common examples of restrictive covenants and the challenges of dealing with them on freehold land

Abstract

This article aims to provide a broad overview of restrictive covenants, focusing on some common examples, when they will be deemed valid, and various statutory and non-statutory means of dealing with them on freehold land. The article also touches on how the Courts and Upper Tribunal assess claims to alter or modify restrictive covenants and how they assess damages and award compensation to objectors. Part of the article also considers the effect of having planning permission on restrictive covenants.