Q&As

Is it possible to include a restrictive covenant or an agreement in a transfer whereby the transferee covenants or agrees not to object to a potential nuisance caused by the transferor?

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Published by a ½Û×ÓÊÓƵ Property expert
Published on: 09 May 2018
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Restrictive Covenants

A restrictive covenant requires the Covenantor not to do the thing specified, whether that is building on or using the land for particular purposes. We have found no authority on whether this could include not to object to the Use of land in a certain way. Covenants restricting the use of land imposed by a seller include covenants imposed for the seller’s own benefit.

For restrictive covenants affecting registered land, a notice must be entered in the charges register of the burdened land. Where there is no entry on the register, subsequent registered proprietors will take free of the covenants.

For more information on restrictive covenants, see: Restrictive covenants—overview and specifically:

  1. •

    Practice Note: Restrictive covenants—nature and characteristics

  2. •

    Restrictive covenants: general: Encyclopaedia of Forms and Precedents [66], and

  3. •

    Nature of restrictive covenants relating to freehold property: Atkin's Court Forms [2]

Nuisance

A covenant that restricts ‘nuisance’

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Restrictive Covenant definition
What does Restrictive Covenant mean?

A covenant requiring the covenantor not to do the thing specified. The burden of a restrictive covenant binds successors in title where there is land benefiting from the covenant, the burden of the covenant was intended to run, and the successor to the covenantor has notice of the covenant.

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