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If the covenant is attached to the land it is said to 'run with the land'. That means it continues to apply to the land regardless of whether either the burdened or neighbouring lands have been sold on. This means a restrictive covenant can last indefinitely even if its purpose now seems obsolete.

Definition of personal covenant : a legal covenant that does not run with the property but is binding upon the covenantor and his personal representatives — compare real covenant.

In a covenant that runs with the land, the subsequent landowner of property subject to the covenant will continue being burdened or benefited by the covenant. This is in contrast to a personal covenant, or a covenant that only binds the original parties of the covenant and will not pass to the subsequent parties.

Yes, it can. Even though planning permission has been granted, it does not override any restrictive covenants. The two are not mutually exclusive, they are entirely independent of one another.

Personal Covenants are covenants which do not run with the land, and usually relate to an action that the Purchaser has agreed to take when buying the property, e.g. erecting a stock proof fence.

The short answer is that you can apply to the courts for an order that the restrictive covenant be amended or removed for title to your property. The authority for this application is section 35 of the Property Law Act.

Running with the land refers to easements and other rights that remain with property even after being transferred. For example, if a property has an easement that runs with land to cross over the neighboring land, a person who buys the property could also cross the neighboring land.

Can I get a restrictive covenant removed? If there is a covenant on your property which is obsolete, you can make an application to the Upper Tribunal (Lands Chamber) (which use to be known as the Lands Tribunal) asking for the covenant to be discharged or modified.

For registered properties, any covenants affecting the property will be stated in the title. A covenant can be very important as it could affect the value of land or its intended use. Covenants can be positive or negative.

Restrictive covenants usually run with the land which means they bind anyone who becomes the legal owner. So for example if the land is subject to a restrictive covenant of “not to build a structure on the property”, then anyone who buys the property must comply with this restriction.