Restrictive Covenants

 

Introduction

  1. 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.
  2. 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.
  3. This is only the briefest of overviews of the law relating to restrictive covenants relating to freehold land. It is not in any way intended to provide all the answers, in some places there are more questions than answers.

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