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Restrictive Covenants
Claims arising from restrictive covenants frequently appear in both a commercial and residential context. They are a nuanced and often high-stakes area of property litigation.
Restrictive covenants are legally binding conditions written into property deeds that limit how land can be used. They are often critical in preserving property values, maintaining neighbourhood character and protecting commercial and personal interests.
Common restrictive covenant disputes include:
- Prohibitions on building or development
- Restrictions on land use
- Requirements for maintaining certain standards or exterior aesthetics
Our developer clients often encounter such covenants. In addition to obtaining planning permission, they need to discharge or modify restrictive covenants unilaterally or by agreement. Similarly, our landowner clients often wish to protect their property interests or wish to negotiate a compromise.
Colman Coyle advises clients on enforcing, challenging or modifying restrictive covenants with precision and care.