Strategic legal advice to help you understand, enforce or challenge restrictions affecting the use and development of land.

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Restrictive covenants can control how land or buildings are used, even where ownership has changed since the covenant was originally imposed. They may restrict development, limit land to a particular use or prevent activities that could affect neighbouring properties.

These restrictions can have significant implications for developers, investors, businesses and landowners. A covenant may delay or prevent a proposed development, affect the value of land or lead to an injunction and damages claim if works proceed without the issue being resolved. Planning permission does not override a privately enforceable restrictive covenant.

DTM Legal advises owners of land affected by restrictive covenants and those seeking to protect the benefit of a covenant over neighbouring land. Our Property Litigation solicitors can establish the legal position, assess the available commercial options and support you through negotiation, mediation, court proceedings or an application to the Upper Tribunal.

Restrictive Covenant Legal Services

We provide practical advice and representation across a wide range of restrictive covenant matters, including:

Interpreting restrictive covenants contained in title documents and deeds
Establishing whether a covenant remains valid and enforceable
Identifying the land intended to benefit from a covenant
Advising who may be entitled to enforce a restriction
Assessing covenants before purchasing, developing or financing land
Advising on development restricted by existing covenants
Covenants limiting property to residential or other specified uses
Restrictions on the number, size or position of buildings
Restrictions affecting extensions, alterations and additional windows
Covenants preventing nuisance, annoyance or particular business activities
Negotiating consent to proposed development or changes of use
Negotiating releases and variations of restrictive covenants
Drafting deeds of release or modification
Applications under section 84 of the Law of Property Act 1925
Objecting to applications to discharge or modify covenants
Upper Tribunal proceedings
Applications for declarations concerning enforceability
Injunctions to prevent threatened or continuing breaches
Defending restrictive covenant injunction applications
Claims for damages or compensation
Advice where development has already begun or been completed
Restrictive covenant indemnity insurance considerations
Mediation and alternative dispute resolution
Advice connected with property acquisitions and disposals

Why Instruct DTM Legal?

Restrictive covenant disputes often depend on historic deeds, plans and conveyancing documents, together with evidence about the original purpose of the restriction and the land it was intended to protect. Our Property Litigation team carefully examines this material before advising whether a covenant is enforceable and how it may affect your plans.

We focus on the commercial outcome you need to achieve. For a developer or landowner, this may involve securing consent, negotiating a release or applying to modify a covenant. For someone with the benefit of a restriction, it may involve protecting the character, privacy, amenity or value of their property.

Where formal action is required, we can prepare or defend injunction proceedings and applications to the Upper Tribunal. We also work alongside planning consultants, surveyors, valuers and other property professionals where expert evidence is needed to assess development impact or potential compensation.

We provide:

Clear interpretation of restrictive covenants and title documents
Strategic advice for developers, businesses and landowners
Early assessment of enforceability and development risk
Negotiation of releases, variations and consent arrangements
Support with Upper Tribunal applications and objections
Urgent advice on injunctions and alleged breaches
Practical solutions aligned with your property objectives

Get in Touch

Whether a restrictive covenant is affecting a proposed development or you need to prevent neighbouring land from being used in breach of a restriction, our Property Litigation team can help you understand and protect your position.

To discuss your requirements, contact:

Anna Duffy, Head of Property
Telephone: 0151 230 1219 / 07973 529844
Email: anna.duffy@dtmlegal.com

James Holton, Senior Associate – Property Litigation
Telephone: 01244 354824 / 07595 280723
Email: james.holton@dtmlegal.com

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Key Considerations in a Residential Leasehold Dispute

Reviewing the restriction and your proposed use of the land at an early stage can help identify risks before significant costs or contractual commitments are incurred. Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

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Frequently Asked Questions

Commonly asked questions regarding restrictive covenants on land.

A restrictive covenant is a legally binding promise that limits how land or a building may be used. It usually requires the owner not to undertake a particular activity, such as constructing additional buildings, using the property for business purposes or causing nuisance or annoyance.

Restrictive covenants are commonly imposed by deed when land is sold and can remain enforceable against later owners. The covenant is a private land arrangement and operates separately from the planning system.

No. Planning permission confirms that a development is acceptable under the public planning system, but it does not remove private property rights.

A development may therefore have full planning permission but still breach a restrictive covenant. Before starting work, the owner should establish whether the covenant is enforceable and whether consent, a formal release, insurance or an Upper Tribunal application may be appropriate.

Potentially. The parties may agree to release or modify a covenant voluntarily, usually through a formal deed and potentially in return for compensation or agreed restrictions on the development.

An owner of affected land can also apply to the Upper Tribunal under section 84 of the Law of Property Act 1925. Grounds can include that the restriction has become obsolete, impedes a reasonable use without securing a sufficiently valuable practical benefit, has been agreed to by those entitled to it or can be changed without causing them injury. The Tribunal may order compensation where appropriate.

Enforcement is generally limited to someone who owns land with the benefit of the covenant. Establishing that entitlement may require examination of the original deed, later transfers and the relationship between the benefiting and burdened land.

The registered title usually makes it clear when land is subject to a restrictive covenant, but it does not normally identify all land that may benefit from it. An objector to an Upper Tribunal application must be able to demonstrate their entitlement to the benefit of the restriction.

A person entitled to enforce the covenant may seek an injunction to stop the work or prevent the prohibited use. Where development has already taken place, they may ask the court to require remedial action or award damages.

The availability of a remedy will depend on the wording of the covenant, the parties’ conduct and the circumstances of the breach. Developers should seek advice before work starts, as knowingly proceeding in breach can significantly weaken the commercial and litigation position.

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Restrictive Covenant Services

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