22 Jun 2026
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Receiving a letter claiming that you have breached a property covenant can be worrying, particularly if you were unaware that the restriction existed in the first place.
Whether the allegation relates to a home extension, changes to your property, the use of land, or obligations contained within a lease, it is important not to ignore the issue. Acting quickly and understanding your legal position can often help prevent a dispute from escalating.
In this article, we explain what property covenants are, what happens if a breach is alleged, and the steps you should take to protect your interests.
A covenant is a legally binding obligation that is tied to land or property. Covenants are a burden and run with the land which means they still apply to the land or property even if ownership changes. Some covenants require a property owner to do something, while others restrict how a property can be used.
Examples can include:
One of the most important things to remember is that receiving a claim does not automatically mean you have breached a covenant or that enforcement action will succeed.
Property covenant disputes can be legally complex. Before any action is taken, several factors may need to be considered, including:
Each case will depend on its own facts and circumstances.
The first step is to establish exactly what the covenant says.
Many disputes arise because property owners interpret restrictions differently or because the wording is unclear. A covenant drafted decades ago may not easily fit modern property use or development plans.
Reviewing the title deeds, lease documentation, Land Registry records and any related correspondence can help establish:
Legal advice at this stage can help avoid making assumptions that later prove costly.
If a claim has been made against you, evidence will be crucial.
Relevant documents may include:
The more information available, the easier it will be to assess the strength of the claim and identify potential defences.
Not every covenant remains enforceable indefinitely.
In some situations, it may be possible to argue that:
The availability of these arguments will depend on the specific facts of the case and should be assessed carefully before any response is made.
Court proceedings are not always the best solution.
Many covenant disputes can be resolved through:
Reaching an agreement early can often save significant time, legal costs, and stress for everyone involved.
Where ongoing neighbour or business relationships are involved, a negotiated outcome can be particularly beneficial.
The consequences of a successful claim will depend on the nature of the breach and the circumstances of the case.
Potential remedies include:
A court may order a property owner to stop a particular activity or, in some cases, undo work that has already been completed.
Damages may be awarded to compensate the person benefiting from the covenant for losses resulting from the breach.
Where leasehold covenants are involved, serious or persistent breaches can potentially lead to forfeiture proceedings, although strict legal procedures must be followed.
Importantly, courts will consider the specific circumstances of each case when deciding what remedy, if any, is appropriate.
In some situations, it may be possible to apply to the Upper Tribunal (Lands Chamber) to have a restrictive covenant modified or discharged.
This route is not available in every case, but it can be appropriate where a covenant has become outdated, unreasonable, or is preventing the sensible use of land. Applications are assessed on their individual merits and can involve objections from those who benefit from the restriction.
Obtaining specialist advice is essential before pursuing this option.
Property covenant disputes often involve a combination of legal, practical, and commercial considerations.
At Hegarty, our dispute resolution team advises homeowners, landlords, developers, and businesses on a wide range of property disputes, including restrictive covenant claims and leasehold covenant issues.
We can help you:
Our aim is always to find the most practical and cost-effective solution for your circumstances.
Whatever legal support you need, our experienced and highly skilled solicitors and legal advisors are here to help. With expertise across a wide range of legal areas, we provide clear, practical advice tailored to you. What sets us apart is our commitment to understanding your needs and delivering the best possible outcome with a personal touch.
