A restrictive covenant is created by an agreement between one person and another (such as a seller of land to a buyer) and can be registered on the titles to the land.
Landowners and developers often encounter restrictive covenants when they propose to change the use of, or develop, land. It can cause significant issues and long delays and greatly affect the value of the land or the profitability of future works.
Specific legal experience is required to be able to examine the deeds and determine whether the covenants are enforceable and the options moving forward.
GA’s experienced property litigation team can help with:
- Advice regarding the enforceability or validity of any restrictive covenants
- Strategic advice to ensure the most positive outcome
- Advice regarding indemnity insurance
- The preparation and issue of proceedings in the lands tribunal for the discharge or modification of the covenants
- Applications for injunctions to stop other parties from proceeding with their breach of covenant
- Negotiations for the release or modification of the restrictions
Although they could potentially be extremely old, restrictive covenants remain enforceable and so legal advice should be sought at every stage.