Restrictive covenants can be a hidden landmine for property owners and developers. Whether you’re looking to build an extension, redevelop land, or simply use your property more freely, a restrictive covenant can stop you in your tracks.
But the good news is: in some cases, it is possible to have a restrictive covenant removed or modified — especially if it no longer serves its original purpose or unfairly restricts the use of your land.
In this article, we explain what restrictive covenants are, when they can be challenged, and how to go about doing it.
What is a restrictive covenant?
A restrictive covenant is a legal obligation written into the title deeds of a property that limits how the land can be used. Common examples include:
- Prohibiting building on certain parts of land
- Restricting commercial use or development
- Banning certain types of buildings (e.g. flats, multi-storey homes)
- Preventing nuisance activities
These covenants are usually imposed by a previous owner or developer to protect the value or character of neighbouring land — and they “run with the land,” meaning they bind future owners as well.
When can a restrictive covenant be challenged?
The most common route for challenging a covenant is an application to the Upper Tribunal (Lands Chamber) under Section 84 of the Law of Property Act 1925.
You can apply to have a covenant discharged or modified on certain grounds, including:
- The covenant is obsolete
For example, if the neighbourhood has significantly changed and the restriction no longer makes sense. - It impedes reasonable use of the land
If the covenant is unreasonably preventing development or use, and doesn’t materially harm the benefiting party. - All beneficiaries have agreed to its removal
If the person(s) entitled to enforce the covenant consent to its discharge. - There will be no injury to the person entitled to enforce it
If removing it wouldn’t cause measurable harm to others.
What is the process for removing a restrictive covenant?
1. Review the Title
Check your title deeds to understand the wording of the covenant, who benefits, and whether it’s still enforceable. Legal advice at this stage is key — especially if the language is ambiguous or outdated.
2. Assess Enforceability
Sometimes, covenants can be legally unenforceable (e.g. no clear beneficiary, or the land benefiting is unknown). If so, a formal application may not even be needed.
3. Consider Negotiation
In some cases, it’s faster and more cost-effective to negotiate with the person who benefits from the covenant — they may agree to release or vary it for a payment or other terms.
4. Apply to the Upper Tribunal
If negotiation isn’t possible, an application under Section 84 may be your best route. This involves submitting evidence, legal arguments, and (often) expert valuation advice. A hearing may be required if the application is contested.
Key considerations
- Even very old covenants can still be enforceable if the land they benefit is identifiable and the restriction still has value.
- Breaching a covenant without addressing it first can lead to an injunction or damages claim.
- Indemnity insurance might be available if no direct approach is made to the covenant’s beneficiary — timing and strategy matter.
How Moore Barlow can help
We advise homeowners, developers, and landowners across the UK on the removal or modification of restrictive covenants. Whether you’re seeking to unlock development value or resolve a neighbour dispute, we can guide you through your options — including negotiation, indemnity advice, or tribunal application. Contact the Property Disputes team today for a tailored review of your land and covenants.
