Property

Restrictive Covenants

Restrictive covenants are a core area of expertise at Landmark Chambers. Our barristers regularly advise and represent:

Developers undertaking developments which may infringe restrictive covenants
Vendors and purchases seeking advice as to the implications of restrictive covenants
Those seeking to enforce restrictive covenants to protect their land
Estates who regulate development through reliance upon covenants contained in Estate Management Schemes.

Overview

Cases involving restrictive covenants raise complex issues about interpretation, enforceability and the remedies available if covenants are breached. Modification of restrictive covenants may be possible under s. 84 of the Law of Property Act 1925, or other statutory provisions. Covenants may also be overcome by relying upon statutory powers. Our members can offer a precise and in-depth knowledge of the underlying law, and of the operation of these complex provisions, in order to guide clients to a proper understanding of their current position, and of the steps which they can take to improve it.

Examples of recent important cases involving members of chambers include:

Bath Rugby Ltd v Greenwood [2021] EWCA Civ 1927 - one of our barristers succeeded in the Court of Appeal in establishing that Bath Rugby’s ground was not subject to restrictive covenants that could have prevented the development of a new stadium
Re Falmouth Dock [2017] UKUT 430 - successfully resisting the modification of a covenant enjoyed by a military/commercial dockyard over a neighbouring dockyard occupied by a superyacht company
Gilbert v. Coacher & Chester [2022] EWHC 969 - whether the beneficiary of a restrictive covenant had unreasonably withheld consent to a proposed scheme of development.
Ridgeway (Oxshott) Management Ltd v McGuinness [2023] EW Misc 9 (CC) - acting for an owner successfully resisting a development in breach of an easement and restrictive covenant.