What Are Restrictive Covenants?

Written by Editorial Team · Reviewed by Legal Reviewer · Last reviewed 19 July 2026

Restrictive covenants are promises, made in a deed, that restrict how land can be used — for example, banning business use or limiting new buildings. For registered property they are recorded in the charges register of the title where applicable, sometimes with the full wording set out in a separate filed document. They can bind future owners, not just the person who first made the promise.

A promise that runs with the land

A restrictive covenant is a promise, made in a deed, that restricts how a piece of land can be used. The promise is usually made when land is sold off: the seller wants to protect the land they keep, or a developer wants every plot on an estate to follow the same rules, so conditions are written into the transfer.

What makes restrictive covenants different from an ordinary contractual promise is that they are generally capable of binding the land itself. A covenant created in 1935 can still restrict what the current owner does in 2026, even though everyone involved in the original deal is long gone. That is why covenants matter to buyers, developers and anyone planning changes to a property.

This article is general information, not legal advice. Whether a particular covenant applies to you, and whether it can be enforced, are legal questions for a solicitor.

Common examples

Covenants vary enormously, but some appear again and again:

| Covenant | Typical wording effect | | --- | --- | | No business use | The property may only be used as a single private dwelling | | Building restrictions | No building or alteration without the consent of a named party, or no more than one house per plot | | Fence and boundary obligations | The owner must maintain a fence or wall along a marked boundary | | Appearance and nuisance | No caravans, no trade vehicles, nothing that causes annoyance to neighbours | | Estate rules | Restrictions applied across a whole development, often by reference to a common deed |

Older covenants can be quirky — bans on selling alcohol, keeping poultry or carrying on "noxious trades" are not unusual on Victorian titles. Quirky does not automatically mean dead: age alone does not remove a covenant from the register.

Where covenants appear on the register

For registered property, restrictive covenants are recorded in the charges register — the third section of the title register — where they were recorded at registration. There are two things to look for:

Covenants set out in full. The entry quotes the wording, so you can read the promise directly on the register.
Covenants by reference. The entry says that a particular deed "contains restrictive covenants" and notes that a copy of the deed is filed. The register tells you the covenants exist, but the full wording sits in a separate filed document, which can sometimes be ordered on its own.

Not every title has covenants, and the register only shows what was recorded. For unregistered land there is no register at all, and any covenants live in the paper deeds.

How to check the covenants on a property

Order a copy of the title register for the property.
Read the charges register section for covenant entries.
Note any deeds referred to as filed — order the filed document if you need the full wording.
If anything is unclear, or you are relying on the answer, take the register to a solicitor or licensed conveyancer.

You can order the title register through our service: we check the address by hand, identify the registered title and deliver the PDF through a secure link, and we can help with filed documents where they are available. You can also buy copies directly from HM Land Registry, which usually costs less; our fee covers the human checking, retrieval, secure delivery and support.

Enforcement is a legal question

Finding a covenant on the register is the easy part. Working out whether it is still enforceable — and by whom — is not. Enforceability can depend on how the covenant was drafted, who now has the benefit of it, and what has happened on the ground since. If you are thinking of breaching, releasing, insuring against or enforcing a covenant, get advice from a solicitor before you act.

What Are Restrictive Covenants? — FAQs

Where do I find the restrictive covenants for a property?

For registered property, start with the charges register section of the title register. Covenants are recorded there where applicable — either set out in full, or by reference to the deed that created them. If the register refers to a deed as filed, the full text may be available as a separate filed document.

Do restrictive covenants apply to new owners?

Often, yes. Restrictive covenants are generally capable of binding the land itself rather than just the original person who made the promise, which is why covenants created many decades ago can still appear on a modern register. Whether a particular covenant still binds and can be enforced is a legal question.

What happens if a covenant is breached?

It depends on the covenant, who has the benefit of it, and the circumstances. Possible consequences range from nothing at all to legal action by a party entitled to enforce it. This is exactly the kind of question to put to a solicitor before acting.

Can a restrictive covenant be removed or changed?

Sometimes. Routes include agreement with whoever has the benefit of the covenant, indemnity insurance, or an application to the Upper Tribunal (Lands Chamber) to discharge or modify it. Each route has costs and risks, so take professional advice first.

Are restrictive covenants the same as restrictions on the register?

No. A restriction is a separate type of entry, usually in the proprietorship register, that controls when a disposition of the land can be registered. A restrictive covenant limits how the land can be used, and appears in the charges register where recorded.