Declaration Of Restrictive Covenants

Alternatively, one could record a termination of covenant, if both parties to the original covenantor their successorsagree to the termination. Covenants can also be terminated by courts, upon a showing of illegality, abandonment, or even changed circumstances (i.e., inequitable to continue enforcing said covenant).

There are three ways to extinguish a covenant; (1) an agreement between the interested parties to the covenants; (2) a merger of ownership or (3) a final decision by a court of law.

If you own a property and unknowingly (or otherwise) breach a restrictive covenant then you could be forced to undo any offending work (such as having to pull down an extension), pay a fee (often running into thousands of pounds) or even face legal action.

A restrictive covenant will generally be enforceable between the original contracting parties as a matter of contract. There can be situations where this is not so, for example, where: The covenant is too uncertain or ambiguous to be capable of enforcement.

Ignoring a restrictive covenant If you choose to ignore a restrictive covenant, you could potentially face a claim in damages for the breach in addition to any injunctions granted.

Limitations On Home Color. Rent And Lease Restrictions. Restrictions On Business Usage. Limitations On Permissible Pets. Requirements For Exterior Maintenance. Restrictions On Exterior Constructions.

As well as by application to the Tribunal, a covenant may be removed by a deed granted by the beneficiary for the benefit of the burdened land. If a breach has continued for a long enough period without any objection being raised, it may be treated as having been abandoned under the principle of estoppel.

If you are the property owner, you can apply to the Registrar General for removal of the covenant if it has been in effect for at least 12 years and the covenant is of a type likely to lose any practical value after 12 years of operation.