• Restrictive Covenant On Transfer Of Land

    By Guest on 25th Feb 2016

    The property developer that has built a housing estate on land adjacent to my drive offered to give me a strip of land (1.5 metres wide)along my drive. The context is that there is a reasonable possibility that this strip will be declared a public footpath.
    They wish to place restrictive covenants on this strip to the general effect that nothing will be done on it to annoy the householders. Of course I have no intention to annoy the householders and I feel that the covenant is unnecessary and that if such a covenant is to be included it should be mutual rather than one sided. (I should emphasise that there is no reason to believe that I would cause a problem to my new neighbours - it appears to be a standard clause). The covenant would apply to the whole of my property and adds a level of bureaucracy and potentially cost that might discourage future purchasers. The transfer of land was initiated by the property company and I agreed to it verbally but no mention of restrictive covenants was made at that point.
    I would be interested in a general comment on the legitimacy of such moves on the part of sellers. I would have thought that restrictions on the activities carried out on the land. e.g building would be covered by normal planning consents etcetera and that an unequal covenant is unnecessary.

  • 1 Answers

    By Guest on 28/02/2016


    Thanks for your query. It isn't unusual for such a covenant to be imposed in this situation. Ultimately there is no obligation on you to accept the transfer or on the developer to make it so it is a matter.of negotiation

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