Covenant

A covenant in the UK property market is a legal obligation or restriction attached to a property, dictating certain actions that must or must not be taken by the property owner.

What is a Covenant?

In the UK property market, a covenant is a legally binding promise or restriction written into the deeds or land registry title of a property. Covenants can be either positive (requiring the property owner to do something) or restrictive (limiting what the property owner can do). These agreements are often established to maintain the character or use of a property or area, ensuring that certain standards are upheld or specific actions are prevented.

For example, a restrictive covenant might prevent a homeowner from making certain types of alterations to their property, such as adding an extension, running a business from home, or keeping certain types of pets. Conversely, a positive covenant might require the homeowner to maintain a boundary fence or contribute to the upkeep of a shared driveway.

Covenants are attached to the property, meaning they transfer with ownership when the property is sold. It is essential for buyers to understand any covenants that apply to a property they are considering purchasing, as these can significantly impact their use and enjoyment of the property.

Covenants are an important aspect of property ownership in the UK, with the potential to significantly impact how a property is used and maintained. Whether you are buying or selling a property, understanding any covenants that apply is essential to avoid potential legal issues and ensure the property meets your needs. By working with a knowledgeable solicitor during the conveyancing process, you can navigate the complexities of covenants and make informed decisions about your property.

Frequently Asked Questions

Covenant is a term that you may have heard before, but you might not be sure what it means. Here are some common questions and answers to help you understand what it means.

Covenants are recorded in the property’s title deeds or registered with the Land Registry. During the conveyancing process, your solicitor will review these documents to identify any covenants affecting the property.
In some cases, covenants can be removed or modified, but this usually requires the agreement of the party that benefits from the covenant or a legal process. It's advisable to seek legal advice to explore your options.
Breaching a covenant can result in legal action, including fines, an injunction to stop the breach, or in some cases, the requirement to reverse any changes made. It's crucial to understand and comply with any covenants attached to your property.
Yes, covenants are relatively common, especially in older properties or in developments where the original owner wanted to maintain certain standards or restrictions. They can vary widely in terms of what they require or prohibit.