Restrictive covenants are binding conditions imposed on the use or development of land. They run with the land — meaning they bind the current owner, the next owner, and every subsequent owner. They don't expire when the property changes hands.
How covenants arise
Most restrictive covenants on residential property were created when the land was first developed. When a developer built a housing estate in 1930, they might have imposed covenants on every plot: no commercial use, no caravans, keep the property in good repair, don't build above two storeys. These covenants were designed to maintain the character of the estate.
Covenants can also arise from individual property transactions — a condition imposed when one part of a garden was sold, for example, to prevent the buyer building something that would overlook the seller's remaining land.
Common covenants and whether they matter
Residential use only: Most of the time, not a practical concern for buyers who intend to live there. Becomes relevant if you want to run a business from home — some home-based businesses breach residential-use covenants.
No development without consent: If you're buying a house with extension plans, this covenant could require you to obtain consent from the covenant beneficiary before building. Who that beneficiary is may or may not be clear.
No caravans or motor homes: Very common on post-war estates. Practically unenforced in most cases, but technically binding.
Keep the property in good repair: A maintenance obligation. These are relatively rare and practically hard to enforce, but they exist.
The enforceability question
For a restrictive covenant to be enforceable, someone must:
- Have the legal right to enforce it (the "benefit" of the covenant)
- Know you've breached it
- Be willing to take action
For covenants from large historical developments, the developer (the original covenant beneficiary) is long gone and the right to enforce may have passed to individual plot owners or fragmented into practical irrelevance. For recent covenants, the beneficiary is more likely to be identifiable and active.
The age of the covenant, the practical context, and whether anyone has ever been bothered to enforce it are all relevant to assessing the real risk.
Indemnity insurance
For most restrictive covenant concerns, your solicitor will recommend taking out indemnity insurance. This protects you (and your lender) financially if someone does pursue enforcement. The premium is typically £100–£500 as a one-off.
Indemnity insurance is not the same as resolving the covenant — it insures against the financial consequences of enforcement. For most buyers, this is sufficient protection, and it's the practical solution your solicitor uses most often.
This Q&A is for general information. Dom does not provide legal advice. Consult your solicitor for advice on any specific covenant affecting your property.