Breach of covenant

Covenants are the bedrock of property agreements, defining the rights and responsibilities of the parties involved.

When a covenant is breached, it can lead to serious disputes, affecting the value and enjoyment of your property. At Moore Barlow, we understand the complexities of these legal commitments and offer expert guidance to help you navigate the challenges of a breach of covenant, ensuring your interests are protected.

What is a breach of covenant?

A breach of covenant happens when one party does not fulfil their agreed obligations as outlined in the covenant. There are two main types of covenants: positive and restrictive. A positive covenant requires a party to take certain actions, such as maintaining a building or repairing a boundary wall.

A restrictive covenant, on the other hand, limits what a property owner can do, such as preventing the building of additional structures or running a business from a residential property. When these covenants are breached, it can lead to legal disputes and claims for damages or enforcement actions.

What happens if covenant is breached?

If a covenant is breached, legal action may be brought, including injunctions to enforce compliance or stop the breach, and potentially paying damages. The breach can also lower a property’s value and complicate future sales. Addressing the issue promptly is crucial to avoid these consequences.

Are covenants legally enforceable?

Yes, covenants are legally enforceable if they meet certain criteria. They must be properly drafted, clear in their terms, and relate to the land. Enforceability depends on whether the covenant is positive (requiring action) or restrictive (limiting actions), and whether it benefits or burdens the land in question. Legal action can be taken to enforce or challenge a covenant if it is breached.

What are types of breaches of covenant?

There are several types of breaches of covenant, depending on the nature of the obligation involved:

1. Breach of a restrictive covenant: This occurs when someone violates a covenant that restricts certain actions on a property, such as building extensions, altering the appearance of the property, or using the land for specific purposes like running a business from a residential area.
2. Breach of a positive covenant: This type of breach happens when a party fails to perform a required action, such as maintaining a boundary fence, repairing shared amenities, or contributing to communal services like road upkeep.
3. Breach of a lease covenant: Common in rental agreements, this breach involves tenants not adhering to lease terms, such as failing to pay rent, subletting without permission, or neglecting property maintenance.
4. Breach of a freehold covenant: In freehold properties, this breach can occur when an owner fails to comply with conditions imposed by a previous owner or a developer, such as not building on certain parts of the land or failing to maintain the property to a specified standard.
5. Breach of title covenant: This occurs when a property owner does not adhere to obligations outlined in the title deeds, such as rights of way or access, leading to disputes with neighbouring property owners.

Each type of breach can have significant legal and financial consequences, requiring prompt attention and, often, legal intervention to resolve.

How we can help

At Moore Barlow, we provide expert legal advice and representation for both enforcing and defending against breach of covenant claims. Whether you are a property owner affected by a neighbour’s breach or a party accused of breaching a covenant, our experienced solicitors can guide you through the legal process. We will assess the covenant, the nature of the breach, and the potential remedies available, working to protect your rights and achieve a favourable outcome.

For those looking to enforce a covenant, we can assist in securing injunctions to prevent further breaches or claim damages for any losses suffered. If you are defending against a breach of covenant claim, we will explore all possible defences and aim to resolve the dispute through negotiation or, if necessary, court proceedings.

Who we help

At Moore Barlow, we provide expert legal support to a wide range of clients facing covenant-related issues. Whether you are a homeowner dealing with a neighbour’s breach of a restrictive covenant, a property developer navigating complex land agreements, or a business owner ensuring compliance with lease covenants, our team is here to assist you.

We work with individuals, businesses, and property management companies to resolve disputes, enforce covenants, and protect your property rights. Our goal is to provide tailored legal solutions that meet your specific needs, ensuring that your interests are safeguarded every step of the way.