Restrictive covenants

A restrictive covenant requires the covenantor not to do something, whether that is building or using the land for particular purposes. Unlike 'positive' covenants, the burden of a restrictive covenant is capable of 'running with the land', so that successive owners or occupiers are bound by the restriction.

Covenants restricting the use of land imposed by a seller may be divided into three classes:

1. •

   covenants imposed for the seller’s own benefit

2. •

   covenants imposed as owner of other land, of which the land sold formed a part, and intended to protect or benefit the unsold land

3. •

   covenants on a sale of land to various buyers who, with their respective successors in title, are intended mutually to enjoy the benefit of, and be bound by, the covenants

The first category of covenants is personal to the seller and only enforceable by them, unless expressly assigned.

The second category ‘run’ with the land and are enforceable without express assignment by the owner for the time being of the land for the benefit of which they were imposed.

The third category is most usually ...