Restrictive Covenants
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Discussion

Blue62

Original Poster:

10,587 posts

182 months

Friday 25th January 2019
quotequote all
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?

Muncher

12,235 posts

279 months

Friday 25th January 2019
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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.