What Are Restrictive Covenants, and How Can They Impact Your Purchase?

Buying a property is an exciting milestone, but it often comes with a bundle of legal details that might seem overwhelming. One of these details, which many buyers encounter, is the concept of restrictive covenants. These are legally binding conditions written into property deeds. Understanding them is crucial for avoiding potential complications.

What exactly are restrictive covenants?

Restrictive covenants are rules placed on a property by a previous owner or developer. They exist to control what can or cannot be done with the property, often to preserve the character of an area or protect neighbouring properties. These conditions are part of the title deeds and stay with the property, meaning they apply to you as the new owner.

For instance, a covenant might restrict you from building extensions, altering the property’s exterior, or even running a business from home. In some cases, there may be clauses about maintaining shared spaces or avoiding certain activities that could disrupt neighbours. While these restrictions might seem minor, they can have a significant impact on how you use the property.

How do restrictive covenants affect your property purchase?

Restrictive covenants can influence your decisions in ways you might not expect. If you’re planning renovations, a covenant might prevent you from making specific changes. 

Similarly, you may need permission before undertaking certain activities, which could lead to delays and additional costs. Imagine buying a property with plans to extend it, only to discover that a covenant forbids such changes. That’s a hurdle you’d rather avoid.

This is why enlisting professional help during the conveyancing process is vital. A trusted service like SAM Conveyancing can guide you through these complexities. Their personalised support ensures that restrictive covenants are clearly identified and explained, allowing you to make informed decisions. With such expert assistance, you can move forward confidently, knowing the finer details of your purchase are handled.

What happens if you breach a restrictive covenant?

Breaching a restrictive covenant can lead to legal issues, including fines or being compelled to reverse any unauthorised changes. For example, if you build an extension that violates a covenant, you might be required to remove it entirely. Ignorance of these rules isn’t a defence, so understanding and adhering to them is essential.

In some cases, you might be able to challenge or negotiate the terms of a covenant. This could involve contacting the original party who placed the restriction, or seeking legal advice to determine your options. However, these steps can be complex, making it even more important to address covenants early in the buying process.

Why you should pay attention to covenants before buying

It’s easy to focus on the excitement of moving into a new home, but restrictive covenants are a detail you shouldn’t overlook. They can shape what you can do with the property for years to come, and ignoring them might lead to unpleasant surprises. By clarifying these restrictions during the conveyancing process, you’ll avoid potential pitfalls and make a purchase that aligns with your plans.

When buying a property, it’s wise to be as informed as possible. Restrictive covenants are just one aspect of the broader legal landscape you’ll encounter. By addressing them upfront with the help of reliable conveyancers, you’ll avoid unnecessary stress and ensure your purchase is a positive experience.

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