What are Covenants?

Understanding Covenants in Property Law

When dealing with property law, you might come across the term "covenants." These are important legal agreements that dictate how a property can be used or maintained. In this blog, we aim to clarify what covenants are and how they affect property transactions.

What Are Covenants?

Covenants are formal agreements in property deeds that set out specific rules for using or managing a property. They are legally binding and can specify certain actions or impose restrictions.

Types of Covenants

1. Positive Covenants: These require property owners to carry out specific actions, such as maintaining shared areas.
2. Restrictive Covenants: These place limitations on what can be done with the property, such as limiting certain types of construction.

Why Covenants Matter

Covenants help:

1. Preserve Property Value: They maintain the appearance and value of properties and neighbourhoods.
2. Regulate Use: They ensure that property use aligns with community standards or development plans.
3. Resolve Disputes: They provide a framework for dealing with conflicts over property use or maintenance.

Impact on Property Transactions

When buying or selling a property, it’s crucial to:

1. Review Documents: Examine the title deed for any covenants to avoid unexpected restrictions.
2. Consider Value: Understand how covenants might impact property use and value.
3. Know Your Obligations: Be aware of any legal responsibilities to prevent potential disputes.

Examples of Covenants

• Residential Areas: Requirements for maintaining property exteriors.
• Historical Properties: Restrictions on renovations to preserve the property's historical features.
• Commercial Properties: Limits on business types to to fit with the local area.

Getting Help

If you’re dealing with covenants, speaking to a legal expert can give you clarity and protect your interests. Bespoke Law Services offers tailored advice on dealing with these agreements.

For personalised assistance with covenants and property law, contact Bespoke Law Services. We’re here to help you handle the complexities with confidence.