Restrictive covenants are rules attached to a property that limit what you can do with it - often to protect the look of a neighbourhood, maintain property values, or prevent disputes. But what if a neighbour thinks you’ve broken one - can they actually take legal action? In this guide, we’ll break down when restrictive covenants can be enforced, who has the right to do it, and what to do if you’re dealing with a dispute.
What is a restrictive covenant?
A restrictive covenant is a legally binding condition written into a property's title deeds, setting rules on how the property can be used. These restrictions are typically put in place by developers or previous landowners to keep an area uniform or protect the interests of neighbouring properties.
Three common examples
Building restrictions: Preventing extensions, additional structures, or major renovations without prior approval.
Land use limitations: Prohibiting commercial activities in residential areas.
Aesthetic controls: Requiring properties to adhere to specific design standards, such as paint colours or garden maintenance.
Are restrictive covenants legally enforceable?
Yes, restrictive covenants are legally enforceable, but only if they are still relevant and provide a clear benefit to the party seeking enforcement. A valid covenant remains in effect regardless of how many times a property changes hands. However, some covenants may become unenforceable over time due to:
Changes in property law: If laws or regulations override older covenants.
Lack of enforcement: If the covenant has been ignored for many years without objection.
No clear benefit: If the restriction no longer serves its original purpose or benefits no identifiable party.
👉 In some cases, a homeowner may be able to challenge or remove a restrictive covenant through legal action, especially if it is outdated or unfair. You can learn more in our guide to removing restrictive covenants.
Who can enforce a restrictive covenant?
Not everyone can enforce a restrictive covenant - it depends on who benefits from it. The following parties typically have the right to enforce a covenant:
The original developer or landowner: If the covenant was put in place to protect the design, uniformity, or purpose of a development, the original party may still have enforcement rights.
Neighbouring property owners: If the covenant was created to protect other properties in the area, those homeowners may be able to take legal action if the restriction is breached.
Management companies or local authorities: If the covenant applies to shared spaces, private roads, or estate-wide restrictions, these organisations may have the right to enforce it.
💡 Key takeaway: Not all covenants are actively enforced, but if you breach a valid one, the benefiting party could take legal action. If you’re unsure about a restrictive covenant on your property, getting legal advice from a restrictive covenant solicitor can help clarify your rights and options.
How do you know if a covenant is enforceable?
Not all restrictive covenants can be enforced, certain conditions must be met for them to be legally binding. If you're unsure, a property law solicitor can help you determine whether a covenant applies to your property. Here are the key factors that make a covenant enforceable:
It benefits another property: The covenant must be in place to protect a specific piece of land, not just impose a restriction for no reason.
It was meant to last: The covenant must have been designed to ‘run with the land’, meaning it applies to future owners, not just the original buyer.
The enforcing party has the right to do so: The person or organisation trying to enforce the covenant must own the land that benefits from it.
The buyer was made aware: When purchasing the property, the buyer must have been notified about the covenant or should have reasonably known it existed.
Can neighbours enforce restrictive covenants?
In some cases, neighbours can enforce restrictive covenants, but only if they have the legal right to do so. Just because a covenant exists doesn’t mean every neighbour can take action - certain conditions must be met. For example, if a neighbour has no direct connection to the restrictive covenant, they cannot enforce it in any way. To enforce a restrictive covenant, a neighbour must prove:
They benefit from the covenant: The restriction must have been intended to protect their property, not just the wider area. If the covenant was put in place to maintain privacy, prevent overdevelopment, or protect property values, they may have standing to enforce it.
The covenant is still valid: If the covenant has been ignored, waived, or legally removed, it may no longer be enforceable. For example, if other homeowners have breached the same covenant without consequences, it could weaken a claim.
They have a legal right to enforce it: Not all restrictive covenants automatically grant neighbours enforcement rights. Some covenants are enforceable only by the original landowner, developer, or management company. A neighbour would need to prove that the covenant was intended to benefit their property directly.
💡 Key takeaway: A neighbour can’t enforce a restrictive covenant just because they don’t like a change - they must show a legal connection to the covenant and its intended purpose.
What happens if you don’t comply with a restrictive covenant?
Ignoring a restrictive covenant can lead to serious legal and financial consequences, especially if the benefiting party decides to enforce it. Depending on the severity of the breach and who is affected, a homeowner may face legal disputes, forced changes to their property, or difficulties when trying to sell. Here’s what could happen:
Legal action: The benefiting party (such as a neighbour, developer, or management company) can take the homeowner to court to enforce the covenant. This could lead to a costly legal process.
Injunctions: If a court agrees that the covenant has been breached, it may issue an injunction ordering the homeowner to undo any unauthorised changes. This could mean removing an extension, changing the use of the property, or restoring a modified area.
Financial penalties: The homeowner may have to pay compensation if the breach has caused financial harm to others, such as reducing a neighbour’s property value or affecting shared spaces. Legal costs may also be awarded against them.
Impact on selling the property: A breach of a restrictive covenant can make it harder to sell or remortgage the property. Buyers and mortgage lenders often require proof that there are no outstanding breaches, and an unresolved issue may delay or prevent the sale.
💡 Key takeaway: If you breach a restrictive covenant, the safest option is to address the issue before it escalates. Seeking advice from a property lawyer early can help you explore solutions, whether that’s negotiating with the benefiting party, applying for a formal modification, or obtaining indemnity insurance.
What to do if a neighbour breaches a restrictive covenant
If a neighbour breaches a restrictive covenant, you may have the legal right to enforce it - but it’s important to follow the right steps. Some disputes can be resolved amicably, while others may require legal action.
Here’s what you can do:
Review the covenant terms: Check the property’s title deeds to confirm the covenant is still valid, enforceable, and applies to your property. Not all covenants give neighbours the right to enforce them, so legal advice may be needed.
Talk to your neighbour: A polite conversation can often resolve the issue without escalation. Many homeowners aren’t aware they’re in breach, and they may be willing to correct the issue voluntarily.
Seek legal advice: A solicitor can review your rights, assess whether the covenant is legally enforceable, and help you understand your enforcement options.
Send a formal notice: If the breach continues, your solicitor can send a formal letter requesting compliance. This may include a deadline for corrective action and warn of further legal steps if ignored.
Apply for an injunction: If the neighbour refuses to comply, you can apply for an injunction through the courts, requiring them to undo the breach or stop further violations. If financial harm has been caused, you may also be able to claim compensation.
FAQ
Can any neighbour enforce a restrictive covenant?
No, only neighbours who directly benefit from the covenant and have legal standing can enforce it. If the covenant wasn’t designed to protect their property, they can’t take action.
What if a restrictive covenant hasn’t been enforced for years?
If a covenant has been ignored for a long time, it may be considered unenforceable, especially if similar breaches have been allowed without challenge. However, this isn’t always the case, so it’s best to get legal advice before assuming it no longer applies.
How do I check if a covenant is enforceable?
A solicitor can review your property deeds and legal documents to see if the covenant is still legally binding. They can also check if it has ever been challenged, waived, or is no longer valid due to legal changes.
Final thoughts
Restrictive covenants help protect neighbourhoods and control how properties are used, but they can also lead to disputes. While some neighbours can enforce them, they must have the legal right to do so - it’s not always straightforward.
If you’re dealing with a covenant issue, whether you’re challenging, enforcing, or unsure of your rights, getting expert legal advice can help you understand your options and avoid costly mistakes.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified professional.
