Restrictive covenants

Restrictive covenants

"The "superb" Zoe Wright is described by clients as "excellent at grasping a matter quickly and communicating what she thinks you should do"."

Chambers UK, 2014

Land owners and developers often encounter restrictive covenants when they propose to change the use of or develop land.

Failure to consider the validity and effect of any such covenants at the outset may result in long and costly proceedings. Therefore it is important for land owners and developers to understand the legal position and, if land is burdened with enforceable covenants, to take adequate steps to protect themselves from any potential claims.

Our Property Litigation team has considerable experience in helping clients to understand restrictive covenants and either enforce them or protect themselves against the enforcement of the restrictions. We regularly advise clients in relation to the validity and enforceability of restrictive covenants whether they are considering developing land or purchasing property for redevelopment or simply as an investment.

The Legal 500 - The Clients Guide to Law FirmsHow we can help you

  • Advising on the validity and enforceability of restrictive covenants.
  • Providing strategic advice in relation to your options.
  • Advising on obtaining indemnity insurance to cover for potential breach of restrictive covenants.
  • Assisting with the preparation and issue of proceedings in the Lands Tribunal for the modification or discharge of restrictive covenants.
  • Assisting with applications to the Court for declarations as to the validity and enforceability of restrictive covenants.
  • Assisting with applications for injunctions to stop other parties from proceeding with their breach of covenant.
  • Assisting with negotiations for the release or modification of the restrictions.

Work highlights

  • Advising a developer client as to the adequacy of restrictive covenant indemnity insurance in relation to a significant mixed use development in south-west London.
  • Providing strategic advice to a developer client in relation to restrictive covenants which potentially limited the ways in which land could be developed.
  • Advising a client as to the validity and enforceability of a restrictive covenant in relation to the sale of land for development.