What makes a covenant void?

What makes a covenant void?

In the ordinary course, a restrictive covenant which is designed to protect a legitimate proprietary interest but does so by way of unreasonable restrictions is void. The court will not rewrite a covenant which is wider than reasonably necessary.

What happens if you break a neighborhood covenant?

What remedies are available for a breach of a restrictive covenant? Where there is a breach of a restrictive covenant, the covenantee may enforce the covenant by injunction. The Court however does have the discretion to award damages in addition to or in lieu of an injunction.

Is it illegal to break a covenant?

Breaching a restrictive covenant leaves you open to potential legal action from the other party, if they wish to enforce the covenant. If you are taken to court and the other party is successful, you might have to undo any work carried out and may face a fine or have to pay damages, as well as legal fees.

Are property covenants enforceable?

Covenants usually arise in a contractual agreement between the buyer and seller of the land. Covenants are legally binding and enforceable by the court.

Can I remove a covenant from my property?

If it is not enforceable then an application can be made to the Land Registry to remove the covenant from the deeds. If a landowner feels a restrictive covenant is unreasonable, they may have a case for having it removed altogether or, if that’s not appropriate, possibly varying or amending the covenant.

Can you get covenants removed?

Can a restrictive covenant be removed? For prospective land or property purchasers, it may be possible to speak to the vendor or ‘successor in title’ with a view to having any restriction lifted. In other words, you may be able to remove your restrictive covenant- but there are no guarantees.

Can a covenant be overturned?

In all cases, no matter how old they are, covenants cannot be removed or disregarded unless they are extinguished by agreement, which usually involves some form of payment or an application to the Lands Tribunal— a long and costly undertaking. Covenants can be very obscure.

How do I remove a covenant from my property?

Can covenants on land be broken?