{"id":176790,"date":"2022-10-11T20:09:55","date_gmt":"2022-10-11T19:09:55","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=176790"},"modified":"2025-07-02T00:38:46","modified_gmt":"2025-07-01T23:38:46","slug":"restrictive-land-covenants","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/commercial-lease-property\/restrictive-land-covenants\/","title":{"rendered":"How Do Restrictive Land Covenants Work in England?"},"content":{"rendered":"\n

As a business owner, you are unlikely to often come across land law when running your business.\u00a0However, there may be occasions when you need to understand restrictive land covenants in the context of your business premises, which can confuse newcomers. You need to understand the rules concerning the business premises you use so that you can abide by them and get on with running your business.<\/span> Therefore, this article will explain the <\/span>general effect of restrictive covenants<\/span><\/a> to give you a basic understanding. It will then consider the kinds of covenants you are most likely to encounter in a commercial context.\u00a0<\/span><\/p>\n\n\n\n

Restrictive Covenants<\/span><\/h2>\n\n\n\n

A covenant is an obligation to do something or to refrain from doing something with or to the land you occupy. They are legally binding regardless of whether you are a residential or commercial occupier. A covenant is attached to the land, not the landowner. It follows that while landowners can change over time, covenants remain in place and enforceable.<\/span><\/p>\n\n\n\n

Covenants are\u00a0rules which can benefit one party at another’s expense. For instance, if a lease requires the tenant to refrain from noise after 9 pm, the tenant has an obligation from which the neighbours benefit.\u00a0<\/span><\/p>\n\n\n\n

However, this article focuses mainly on covenants which are likely to affect you as a business owner,<\/span> such as restrictive land covenants.<\/p>\n\n\n\n

Restrictive vs Positive Covenants <\/span><\/h3>\n\n\n\n

Most covenants are obligations to refrain from doing something with the land. These are called restrictive covenants because they restrict your ability to do something with (or to) the land. <\/span><\/p>\n\n\n\n

Some common examples of restrictive covenants are not to:<\/span><\/p>\n\n\n\n