A ‘covenant’ is a solemn agreement to engage in or refrain from a specified action. In the context of property this is usually a written Deed which is signed by the parties.
Covenants are frequently the source of disputes between landowners because they can compel one party to act to their detriment for another or prevent an owner from doing something on their land. They are sometimes capable of being enforced by subsequent owners of land even though they were in no way involved in the original agreement. For example, there might be a covenant that, if enforced, can compel you to pay for the upkeep of a path that runs across all of the surrounding properties.
You may consider that you have the benefit of a covenant and want to stop another party from doing something on their land such as building a large extension or development. On the other hand, you may want advice on whether another party can stop you building. The question of whether the benefit or the burden of a covenant has passed to owners not original party to the Deed is a complex legal issue and you will require specialist advice.
Covenants can have a variety of consequences. They can affect property values by burdening property with added costs, infringe privacy by permitting others to enter your land and carry personal costs for the owners. Similarly, a breach of covenant by another party might cause you loss or inconvenience.
We understand the significance of these issues. The mechanics of covenants can be extremely complex, but our experienced Covenant Dispute Solicitors can cut through the legal jargon and provide you with clear and concise advice.