What is a Restrictive Covenant?

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A restrictive covenant is a private agreement between landowners, limiting the aspects of enjoyment of the property; these agreements pass in successor in title. Common examples of restrictions are:

• Restrictive covenants limiting development or extension of a property.

• A restrictive covenant may impose maintenance obligations upon a shared driveway for example.

• A covenant can be used to limit to whom the property may be sold, although these cannot be enforced if are racist in nature.

To find out if you havea restrictive covenant upon your property you should check your title register and title deeds. These documents will outline what the restrictions are and will also provide details of the benefactor, although the benefactor may likely have changed since the covenant was registered on the title.

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