Is a restrictive covenant enforceable property?

Characteristic of restrictive covenants is the fact that they are binding not only on the immediate buyer but also future owners. Equally they are usually enforceable by the original seller and often by those who subsequently acquire the seller’s retained land.

Can a neighbor Sue over a restrictive covenant?

Generally speaking, if a restrictive covenant is less restrictive than an applicable zoning regulation, the zoning law prevails. In that case, one could possibly bring a suit, notwithstanding the cause of action, against a neighbor that is violating zoning law, but still be compliant with the applicable covenant.

What happens if you have a restrictive covenant on your property?

If one of the original parties to the restrictive covenant sells their property, the covenant will remain enforceable. Not allowing a house to be used for business purposes. Not allowing non domestic animals to be kept on the property e.g. Chickens, pigs etc.

What are the benefits of a Covenant on a property?

A covenant may give a landowner some say over what is permissible on neighbouring property. This is called the benefit of a covenant. A covenant can be very important as it could affect the value of land or its intended use.

How tall can I build on my Neighbor’s property?

Just as your neighbor could have an easement for access to their property across your own, both of you may have agreed to a restrictive covenant that limits your ability to, for example, build any structure over 10 feet in height.

When does the burden of a covenant run at common law?

The burden of a covenant will not run at common law meaning that future owners of the burdened land will not be bound however the original covenantor will remain liable even after he has parted with his land. This rule was established in the case of Austerberry v Oldham Corporation [1885].

How are restrictive covenants enforced in real estate?

In modern times, a restrictive covenant is a clause in a recorded document (such as a declaration or bylaws) that limits what the owner of the land can do with the property. It’s a promise that is generally enforceable by an association or the owners individually.

What do you need to know about covenants on property?

What this means is that if a deed grants the owner of a property the right to, for example, use a private road but the same deed also contains a covenant to contribute toward the cost of the upkeep of the road then the owner cannot exercise the right to use the road without contributing to its upkeep.

When does a covenant need to be registered as a land charge?

This is confirmed by s79 (1) of the Law of Property Act 1925. 5. The purchaser of the burdened land must have had notice of the covenant before buying the land. In unregistered land, if the covenant was created after 1 January 1926 then in order to be binding it would need to have been registered as a Class D (ii) land charge.