How Removing Restrictive Covenants Works with the Land Registry

Restrictive covenants are often buried in the fine print of property deeds, but they’re essential to check before you build an extension, change a property’s use, or undertake a larger development, as these legal constraints can significantly limit your options.

Many covenants are outdated or ambiguously worded, yet they remain enforceable and can result in serious consequences if breached. The good news is that, in many circumstances, there are legal routes to remove or relax these restrictions. In this guide, we’ll explore how restrictive covenants operate, when they can be challenged, and the steps involved in modifying or discharging them through the Land Registry.

As litigation solicitors we specialise in situations where a dispute has arisen; use of restrictive covenants can be appropriate in this context as both a shield against criticism, and a sword where we’re criticising the conduct of others. 

What Are Restrictive Covenants?

Restrictive covenants are legally binding conditions written into a property’s deeds. They limit what owners can do with their land and continue to apply even when the property changes hands. 

These covenants are used to protect neighbouring landowners’ interests, preserve the character of an area, or ensure consistency across a development. They’re enforceable under land law, particularly if they benefit identifiable “dominant land” and have been properly registered.

No Building Without Consent

One of the most common restrictions prevents any new buildings or extensions from being constructed without the prior consent of a named party, usually the original developer or neighbouring landowner. This can block efforts to add garages, garden rooms, or even conservatories.

No Business or Commercial Use

This type of covenant limits land use to residential purposes only. It may prevent the property from being used as a holiday let, office, or home-run business.

Restrictions on Alterations

Some covenants go beyond major builds and limit changes to a property’s appearance, such as changing the roof tiles or external colour. These are particularly common in conservation areas or private estates where a uniform look is considered desirable.

No Subdivision or Multiple Dwellings

A covenant may prohibit splitting a single property or plot into multiple units or separate titles. This often stops landowners from developing flats or building additional homes on what was once a single plot.

Limits on Use of Land

Certain covenants restrict the type of activities allowed on the land, for example, banning the keeping of livestock, placing caravans on the property, or using the land for agricultural purposes. These are typically designed to maintain a peaceful or residential character.

How Do I Remove a Restrictive Covenant From My Land?

Removing a restrictive covenant involves a formal legal process and often requires the help of a solicitor. We do take on these instructions but more typically get involved in restrictive covenant disputes where there is some wider issue in dispute. Below are the main steps you’ll need to take:

Step 1: Identify and Review the Covenant

Start by confirming whether a restrictive covenant is registered against your property title. You can usually find this in the Title Register, which you can get from HM Land Registry, or in the original deeds if the covenant predates digital records. Carefully review the wording to understand what the covenant restricts, who benefits from it, and whether it still appears to serve a purpose.

Step 2: Seek Legal Advice Early

Restrictive covenants can be complicated. Before making any decisions or changes to your property, seeking legal advice from a solicitor experienced in property and land law is important. They can assess whether the covenant is enforceable, advise on your options for removal or modification, and help determine if you have any valid grounds to challenge it.

Step 3: Contact the Beneficiaries

If the beneficiaries of the covenant are known (usually neighbouring landowners), you may be able to negotiate with them directly. In many cases, beneficiaries may agree to relax or remove the covenant in exchange for compensation. Your solicitor can help you draft a Deed of Release if you reach an agreement.

Step 4: Apply to the Upper Tribunal (Lands Chamber)

If negotiation fails or isn’t possible, you can apply to the Upper Tribunal under Section 84 of the Law of Property Act 1925. This is the formal route for requesting a covenant to be modified or discharged. The Tribunal will consider various factors, such as whether the covenant is obsolete, impedes reasonable land use, and whether its removal would cause harm to beneficiaries.

Step 5: Prepare Evidence to Support Your Case

A successful application will depend on strong supporting evidence. This may include expert reports, planning permission documents, photographs, surveys, and witness statements. The aim is to show that the covenant is no longer relevant, that enforcement would be unreasonable, or that it no longer benefits the land it was designed to protect.

Step 6: Attend the Tribunal Hearing

If your application proceeds, a hearing may be scheduled. At this point, both you and any objecting parties will present your cases. The Tribunal then decides whether to allow the removal or modification. If successful, they’ll issue an official order that must be registered with the HM Land Registry.

Modifying Restrictive Covenants

In some cases, you may not want to remove a restrictive covenant entirely; you may just tweak it to better suit your plans. This is known as modifying a covenant rather than discharging it.

You’ll typically start by:

• Seeking the beneficiary’s agreement: If the landowner who benefits from the covenant agrees to a change (for example, allowing building on part of the property), the terms can be modified via a Deed of Variation.
• Making an application to the Upper Tribunal (Lands Chamber): If you can’t secure agreement, you’ll need to apply formally to have the covenant modified. This will involve supplying supporting evidence, notifying relevant parties, and possibly attending a hearing.

A successful application doesn’t remove the covenant entirely; it simply updates the wording or scope. This can be especially useful in cases where a full discharge would go too far but a small tweak would resolve the issue.

Removing or Relaxing Restrictive Covenants: What the Law Says

The legal test is the same regardless of whether you’re looking to remove a restrictive covenant altogether or simply relax its terms. Under Section 84 of the Law of Property Act 1925, the Upper Tribunal (Lands Chamber) can modify or discharge a covenant if you can prove one or more of the following:

• The covenant is obsolete
• It prevents reasonable use
• Removing it will not cause harm to beneficiaries
• It offers no practical benefit
• Beneficiaries have agreed
• The wording is unclear or unenforceable
• The covenant is contrary to public interest

Even if just one of these factors applies, you may have a strong case to move forward with removal or modification. A solicitor can help you assess which arguments apply to your specific situation and prepare your application accordingly.

Consequences of Breaching a Restrictive Covenant

Injunctions

The beneficiary of the covenant can apply to the court for an injunction to stop any ongoing breach. This might mean halting construction or reversing alterations to the land.

Damages

If the breach has already caused harm or loss, the beneficiary may claim financial compensation.

Enforcement Action

Even long after the breach occurs, enforcement is still possible, especially if the breach is ongoing and obvious.

Forced Reinstatement

Sometimes, the court may require you to undo the breach, such as by demolishing an unauthorised extension or removing fencing.

Legal Costs

If enforcement action succeeds, the person breaching the covenant may be liable for damages and the other side’s legal costs.

What Is the 12-Year Rule for Restrictive Covenants?

In UK property law, the “12-year rule” refers to a type of limitation period. If a restrictive covenant has been breached continuously and openly for 12 years or more, and the beneficiary has taken no legal action, the right to enforce it may be lost.

This is related to the principle of acquiescence, where inaction over time implies consent. However, it doesn’t apply in all cases, and success often depends on specific facts, including whether the breach was obvious and whether the beneficiary had knowledge of it. Always seek legal advice before relying on this rule.

How Much Does It Cost To Remove a Restrictive Covenant in the UK?

The cost of removing a restrictive covenant in England and Wales can vary significantly. We have been involved in broader disputes where far greater costs are incurred, which we then seek to recover from the opponent. Generally speaking removal of a covenant involves an initial review and advice in the region of approximately £2,000+VAT. If expert evidence and counsel’s advice are needed and/or an application to the Upper Tribunal is needed, costs at higher levels will incurred.

Frequently Asked Questions

Can You Sell a House With a Restrictive Covenant?

Yes, you can. Restrictive covenants don’t prevent a sale, but they can affect a buyer’s willingness to proceed, especially if development or change of use is part of their plan. If you’re selling, it’s best to be upfront about any restrictions and consider whether removal or modification is viable beforehand. It can often be possible to obtain indemnity insurance. 

Are Restrictive Covenants Enforceable After 20 Years?

There is no automatic expiry after 20 years in the UK, and a restrictive covenant can remain enforceable indefinitely unless it has been expressly released, found unenforceable, or successfully discharged via the Upper Tribunal (Lands Chamber). However, if the covenant has been breached for over 20 years without being challenged, it will become very difficult to enforce.

Do Restrictive Covenants Have a Time Limit?

Not usually. Most restrictive covenants are attached to the land permanently and bind successive owners until they are formally removed or modified. In rare cases, a covenant may be drafted with a specific time limitation, but this is the exception, not the rule. It’s always worth having the covenant reviewed by a solicitor to assess whether it’s still legally effective.

Legal Support Simplifies Covenant Removal Through the Land Registry

We’re expert litigation solicitors and act nationally. There can be circumstances where we might decline to act in the removal of a restrictive covenant and that will depend on the detail of the facts and circumstances involved. Our specialist property litigation team will be happy to assess your situation and to confirm whether we can help you. If there is a broader property dispute we will consider whether there is a viable angle to use any restrictive covenants in your favour when assessing your prospects of success. Whether you’re looking for initial advice on removing, relaxing, or modifying a restrictive covenant, our team will be happy to help you. Contact us today.