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10 Types of Restrictive Covenants You May Face When Buying a Home

Posted On Tuesday, 25 October 2022 21:36
10 Types of Restrictive Covenants You May Face When Buying a Home

In this article, we’ll be sharing ten restrictive covenants to look out for when buying property…

Buying a home is one of the biggest financial commitments that most of us will ever make. Many people assume that once they’ve signed on the dotted line, they are at liberty to do whatever they like to their new property.

However, this isn't always the case. Failing to check the fine details of your property deed may result in a restrictive covenant dispute which could ultimately lead to homeowners being forced to reverse changes they have made and even, legal action. 

In this article, we’ll look at the different types of restrictive covenants which may apply to your property…

What is a Restrictive Covenant?

These are legal clauses within a property deed or title which apply rules on what can and cannot be done in terms of making changes to the property. Applicable to both freehold and leasehold properties, these covenants are legally binding and, breaching them can result in homeowners being forced to reverse changes that they have made.  

10 Types of Restrictive Covenants

In this section, we’ll take a look at some of the different restrictive covenants which may apply when you buy a new home: 

  1. 1. Extensions

In some cases, a restrictive covenant may be in place which will stop you from building an extension on your property. This can include vertical or horizontal extensions, adding another room or space to your home.

  1. 2. External aesthetics

If your home is in a conservation area, it’s common for the property deeds to include a restrictive covenant which prevents you from making changes to the exterior or the facade of the building. For example, painting the exterior or replacing the front windows. 

This is often designed to ensure that your home continues to fit in with the aesthetic of the surrounding area. 

  1. 3. Fencing and walls

Adding a fence or a wall around your property can add a level of security as well as improve privacy. However, this can be prohibited in some instances so, it's important to check your deeds to see if this is permissible. 

  1. 4. Conversion

A fairly common restrictive covenant relates to conversions and, this clause prevents you from converting the property from its original purpose. For example, turning a house into flats or vice versa. 

  1. 5. Access

This is an extremely important one to look out for as a restrictive covenant may mean that you cannot use or access part of the property or land you are buying. An example of this might be a section of the land such as the garden, despite it being attached to your property, does not actually belong to you. You should always check for this before committing to buying a property. 

  1. 6. Outbuildings

Many people like to have a garden shed to keep their tools in. During the pandemic, the UK saw an increase in homeowners buying luxury sheds and ‘summer houses’ for their gardens to use as extra room such as a home office. Unfortunately, these may be forbidden through a restrictive covenant in your deeds so, you must check this before going ahead. 

  1. 7. Exterior attachments

Many restrictive covenants relate to the exterior of your property. Often, this will include restrictions on adding anything to the outside of your home such as CCTV cameras, satellite dishes, alarms and solar panels. 

  1. 8. Animals

If you have pets, you should always check that there is no restrictive covenant forbidding these in your new home. In recent years, keeping chickens has become popular for Brits but you may be out of ‘cluck’ if your property has a restrictive covenant banning the keeping of any animals on the property. 

  1. 9. Commercial use

It’s not uncommon for deeds to include a restrictive covenant which bans the homeowner from using the property as commercial premises. As well as prohibiting you from running a business from your home, this type of restrictive covenant also prevents you from renting out your home, for example, as an Airbnb host. 

  1. 10. Obstructions

In a lot of cases, your deed may contain a restrictive covenant which restricts you from doing anything which may obstruct a neighbour’s view of the scenery. It may be that you are not allowed to plant a tree or build a fence which will directly affect a neighbour’s view of his or her surroundings. 

Can I Remove or Change a Restrictive Covenant?

Although complex and time-consuming, it is sometimes possible to get around a restrictive covenant by going through a Lands Chamber of the Upper Tribunal. You may be successful in removing a covenant if you can: 

  • Prove that it is obsolete or irrelevant
  • Prove that it has insubstantial benefit to the covenant beneficiary
  • Prove that it is an unreasonable impediment to reasonable development

 

If you are unable to prove at least one of these, it is unlikely that the restrictive covenant will be overturned. 

Restrictive Covenants When Purchasing a Home

Restrictive covenants can mean that you are more limited when buying a home. It’s always a good idea to become aware of such covenants before buying a property. If you do buy a property which contains restrictive covenants that you feel are unreasonable, a property dispute solicitor will be able to help you find out if it is possible to have these removed or amended. 

Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained legal professional. Be sure to consult a property dispute lawyer/solicitor if you’re seeking advice on restrictive covenants. We are not liable for risks or issues associated with using or acting upon the information on this site.

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