You might assume that once you own a home, you can do as you please with it. Often you can, but sometimes the title carries restrictive covenants, promises binding the land that limit what owners may do. They can be harmless relics or genuine obstacles, so it pays to know what is written into your title.
What a covenant is
A restrictive covenant is a rule attached to the land, usually imposed by a previous owner or developer, that restricts how the property can be used. Common examples forbid building anything beyond the original house, running a business from home, or keeping certain animals. The covenant binds whoever owns the land, not just the person who agreed it.
Why they exist
Developers often impose covenants to keep an estate looking uniform, preventing owners from, say, parking a caravan on the drive or painting the house a startling colour. Older covenants can reflect the wishes of a long-dead landowner. Some make obvious sense; others feel quaint or arbitrary generations later.
- No further building beyond the existing footprint
- No trade or business run from the property
- Restrictions on use of land, materials or appearance
Living with or removing them
Many covenants are never enforced, but you cannot rely on that, because the person who benefits could in principle take action. If a covenant blocks your plans, you may be able to negotiate its release, apply to have it modified, or take out indemnity insurance against the risk of enforcement. A solicitor will advise on the best route.
Check before you commit
The time to discover a troublesome covenant is before you exchange, not after you have drawn up plans for an extension. Ask your solicitor to flag any covenants in the title and explain their effect. A covenant need not derail a purchase, but it should never come as a surprise once the house is yours.