Hi Johnny,
Restrictive Covenants are equitable interests in land (would usually be created by deed). It is a promise by one landowner in favour of a neighbouring landowner(s) that he will not do certain things upon his own land. The restrictive covenant may be enforceable by one party's successors in title against the other's successors in title, as well as between the original contracting parties. When freehold land is purchased, it is necessary to ascertain whether there are any existing valid restrictive covenants that bind the land and also whether the land has the benefit of any covenants that bind other land. It all depends from the nature of covenant, but generally a restrictive covenant will restrict the use and enjoyment of the land. Also, it is important to distinguish between restrictive (negative) covenants and those that are positive. The burden would not generally bind successors where covenant is positive in nature, but it may do so if the covenant is negative. Restrictive covenants may limit possible use, prohibit particular trade, forbid undesirable activities etc. Ways of dealing with a restrictive covenant: there are several: express release; indemnity insurance; Upper Tribunal (Lands Chamber); Court declaration etc.
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