Edward Prentice

Chartered Surveyor and Property Consultant

Phone Number: 01732 355 639

email:: [email protected]

Do you need Advice with Property Covenants?

The Edward Prentice Practice is located in Kent, and we offer a range of services and provide expert advice using our extensive knowledge and experience. We want to give the most professional and reliable service to every client, which is why we are authorised and regulated RICS Chartered Surveyors.

If you would like our help to settle a dispute, need some evidence, some helpful advice or would like to make an enquiry, please contact us via phone and email. We are more than happy to help any of our potential clients as best we can to get the most suited outcome to them, they can.

Expert Witness

Our expert witness service offers professional advice and assistance for covenants on a property or plot of land. All our clients' personal details are kept completely private and confidential and we aim to keep our service as helpful and efficient as it could be.  

What is a covenant?

Covenants are stipulations found in title deeds, for a plot of land or property, that must be abided by the owners. The application form will be sent through to the Upper Tribunal, known as Lands Chamber for a decision to be made.


Developers can also create covenants on properties and land that they have built on. A developer or landowner can fill out an application form to make changes to the covenant or discharge it completely if reasonable grounds are given, such as benefiting the public, the property will constitute for something else, or the land is obsolete.

Stipulations

These stipulations can either benefit the owner, known as positive covenants or make the uses of the land or property limited, known as restrictive covenants.

Positive covenant

A positive covenant is a binding contract that has been agreed by the original landowners, stating an action that must be taken. For example, to either maintain the garden or the house, build an extension or to pay maintenance and repair costs.  If the actions disclosed in the covenant aren't completed when future landowners take over, then they can re-enforce the covenant back onto the original landowners.

restrictive covenant

Restrictive covenants are rules that apply to a plot of land, a house, or a commercial building that the future landowners (the people buying/renting the land) must accept. Therefore, if the new landowners wish to make any adjustments to the property or land, they must receive consent from the original owners. This is usually so the characteristics of the property are preserved.  The property may not be able to undergo any development processes, have pets inside, cut down any trees and hedges or used for a purpose that may cause disturbance within the neighbourhood, without the original parties permission. 

What happens if you breach the covenant?

If you breach the terms of the covenant, and go against the contract law, the other party may decide to take legal action. This will mean expensive solicitors fees if you choose to seek legal advice from the SRA (Solicitors Regulation Authority), and a lengthy court process. The outcome of this could either mean you need to restore the property back to its original condition or you could face a fine. 

How can we help?

At our practice, we understand how important it is to protect your assets and keep your costs minimal. Which is why we want to help our clients find the most practical and cost-effective conclusion and make sure landlords aren't losing any of their income. 

Mediation

If you breach the covenant, and a dispute is caused, we can help both parties come to an agreeable solution through mediation. Settling a dispute with us using mediation could prevent expensive, time-consuming legal action being taken. If you have reason to think your property has a restrictive covenant, and you want to know more, we can help you with any queries or questions you may have regarding conveyancing. We can provide evidence during Upper Tribunals to assist with the modification or removal of a restrictive covenant, defending your rights as a landlord or a tenant, or declined planning permission. 

Do you have something to say?