It seems that restrictions and covenants are everywhere you look – old properties, new properties, leasehold properties, conversions, new builds. Some date back decades or even centuries, some are brand new.

Covenants and restrictions are legal agreements that limit how a property can be used. These can be found in deeds or other legal documents related to the property. So when should property buyers take them in their stride, and when should they turn their backs in despair?

James Greenwood of Stacks Property Search says, “It's an issue that comes up constantly. Covenants and restrictions don't have to be deal breakers, but they do need to be properly investigated, and if necessary, insured against, or lifted.”

Clare Coode of Stacks Property Search says, “Early knowledge is important. ALWAYS ask the vendor or sales agent whether there are any restrictive covenants, at an early stage; as soon as you're interested enough to ask for a second viewing. You don't want to fall in love with a house and then find out that you can't hang your laundry outside to dry (one covenant I have actually come across!). Both vendor and agent are required by law to disclose any restrictive covenant; but as a buying agent I will always check the Deeds as soon as a buyer has shown some interest in a property – in case it's slipped the vendor's mind. It's a quick and simple process to look at the Title Register or Title Plan on the Land Registry website.

Ed Jephson of Stacks Property Search says, “Restrictive covenants come in all shapes and sizes, and in varying degrees of concern. Those relating to access and future development (often the sale of land will restrict development to a single dwelling) should not be taken lightly. Others that go back into the mists of time are less of a concern as they are often null and void, and a good solicitor will be able to get it lifted.

“It's not unusual for a property to have a restrictive covenant that states the property can't be used for the running of a business. Generally this will relate to a commercial operation rather than to a small business run from a home office. But it can cause panic if somebody wants to run a property as a rental or Airbnb. Or for instance to run small yoga classes from the property or an annexe.”

Clare Coode says, “Solicitors can get panicky. A client was recently buying a property on a development on forty other properties – all had the same covenant that restricted the 'running of a business'. My client wanted to use the property as a holiday let, and at least fifteen of the other properties were used as holiday lets; but my buyers' solicitor didn't agree that this precedent was sufficient. We did eventually get confirmation that the property could be used as a holiday let.”

Charlie Rearden of Stacks Property Search says, “Properties that are on or adjacent to National Trust land are often subject to restrictions and should always be thoroughly investigated and researched. Shared drives are common-place, and buyers should look carefully at related responsibilities, restrictions and costs.”

James Greenwood says, “Years ago, the way solicitors handled covenants was to research as much as possible and take a view based on the practicalities; but then insurance became the accepted way of dealing with them. But now solicitors seem to be more wary of covenants than ever before and they can seriously hamper the buying process. Many properties have at least one restrictive covenant of some sort, and much of the time they are historical, with beneficiaries long gone, in which case they are fairly toothless.

“As with all matters to do with conveyancing, early knowledge is power. It's issues that arise at the eleventh hour that can cause difficulties. Downloading the Title Deeds early in the process will give everybody time to investigate and take any necessary measures to mitigate. Estate Agents should have available information about any covenants on a property they are selling, and communicate their existence up front, but in our experience it's safer for the buyer to be proactive, either by checking themselves, or asking their solicitor to do it for them.

“The Land Registry will often reveal the existence of any Covenants on a property, but for the detail, it's important to check the full title – there's a £14 fee for the full title register including title plan.

“At the first whisper of a warning sign about restrictions of any sort, we would strongly recommend that buyers take this initiative.”

Examples of just some covenants and restrictions that buyers may come across:

Covenants restricting:

• The building of extensions, running a business, keeping pets, or making structural changes without consent;
• or on the size, height, or placement of new structures like sheds, garages, or extensions. 
• changes to the exterior of the property, such as painting the house a certain colour or installing satellite dishes. 
• the owner's ability to lease or sublet the property. 

Covenants preventing:

• the operation of businesses or commercial activities on the property;
• the keeping of certain animals, like chickens, goats, or pigs. 

Covenants requiring:

• Specific types of landscaping or regular lawn maintenance. 
• owners to contribute to the maintenance of shared driveways, fences, or other common areas. 

Covenants regulating:

• the type and height of fences that can be erected. 

Covenants limiting:

• the type or number of vehicles that can be parked on the property, including restrictions on parking commercial vehicles. 
• noise levels or other activities that could disturb neighbours. 

Stacks Property Search, 01594 842880 / www.stacks.co.uk