Restrictive Covenants
Discussion
I own a property that has a restrictive covenant over a stretch of the neighbouring garden regarding hedge height/sheds/buildings etc, the covenant was set up in 1959, long before I own the property. I have no issue at all with my neighbour and don't foresee one, but over a pint the other day a friend questioned whether these covenants are any longer enforceable if the original title holders have sold or passed away, he seems to think there was a change in the law some years ago to this effect. Does anyone know whether he's right?
There's been no changes in the law, the benefit of the covenants pass with the land, so as a general rule they are still enforceable. Yes there are exceptions, yes you can insure against them, yes you can apply to have them removed in certain circumstances, but as a rule of thumb they continue to be valid.
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