Covenants

If your neighbour will not release a covenant, you can

either try to negotiate a formal release with them or apply

to the Upper Tribunal (Lands Chamber) to have the coven-

ant modified or discharged. Legal advice is recommended

to understand your rights and obligations, as well as the

specific circumstances under which a covenant can be

changed or removed. Ignoring the covenant is not an op-

tion, as it could lead to legal action from your neighbour.

Options to release a covenant

1. Negotiate with your neighbour

•

You can attempt to reach a new agreement with your

neighbour for the release or modification of the

covenant.

•

If successful, you must ensure the change is properly

documented, which usually involves a formal deed

and registration with the Land Registry.

2. Apply to the Upper Tribunal (Lands Chamber)

•

You can make an application under Section 84 of the

Law of Property Act 1925 to modify or discharge the

covenant.

•

This is a legal route that will only succeed if certain

conditions are met, such as:

o

The covenant is obsolete due to changes in the

property or neighbourhood.

o

The covenant impedes a reasonable use of the land

and does not provide a substantial benefit.

o

The covenant is contrary to the public interest.

o

The person with the benefit of the covenant has

agreed to the change.

o

The proposed change will not cause injury to the

person with the benefit, or they can be adequately

compensated.

What to do now

•

Seek legal advice: Consult with a qualified property

lawyer who can review the covenant, explain your op-

tions, and guide you through the process.

•

Do not ignore the covenant: Your neighbour could

take legal action to enforce it, which may include

seeking an injunction to stop your plans or demand-

ing compensation for the breach.

•

Understand the covenant: Before taking any action,

make sure you fully understand what the covenant is

and why it was put in place.