Many clients face difficulties in complying with the restrictions that burdon their property, imposed possibly many years before they purchased it subject to restrictive covenants.

Commonly, these prohibit alterations, extensions, or the construction of a new dwelling or the sale of part of a garden for this purpose. There are many aspects to be considered before a restrictive covenant can however be considered as lawfully binding. Even then, there are avenues open to a land owner to challenge the validity or reasonableness of a covenant. The value and relative scarcity of suitable development land is now such that proper advice should be sought to ascertain the position with regard to covenants before possible development is considered.

We are happy to advise our clients on all such matters and if you are either considering the sale or acquisition of land subject to covenants, early advice should be sought. Please contact David Taylor for further details of the services we can offer.