Restrictive Covenants – Remedies for Breach

 

Introduction

  1. There are whole books written on restrictive covenants in relation to property, and so instead of a whistle-stop tour of the area, this part of the seminar concentrates instead on remedies for breach. This is the most transferable aspect of this area of law, and the same principles are of application generally within litigation.
  2. Restrictive covenants can appear in both leases and in relation to freehold land. They are contractual obligations that prohibit certain specific conduct. Unlike normal contractual promises, which bind only the original parties, these can bind subsequent owners of the affected land.
  3. Common examples of restrictive covenants include:
    • Not to  erect any building or structures on the land that has been acquired.
    • Not to use the land for any business activity.
    • Not to use the land other than for agricultural use and not to carry out any building or residential development.

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