header-logo header-logo

Restrictive covenants

22 October 2009 / Malcolm Dowden
Issue: 7390 / Categories: Features , Property
printer mail-detail

Malcolm Dowden unravels the complexities of enforcing restrictive covenants in building schemes

Building schemes arise where land has been developed by being laid out in plots and then sold to different buyers. Each buyer enters into restrictive covenants with the common seller restricting the use of the particular plot for the benefit of the estate generally.

Their purpose is to preserve the value of the estate and to prevent, for instance, business use in a residential area. The owner for the time being of each plot is bound by the scheme and he can enforce its rules against all other owners governed by the scheme. Restrictive covenants contained within the scheme are also enforceable by owners of sub-divisions of land within the scheme (Brunner v Greenslade [1970] 3 All ER 833).

A building scheme requires: an intention to impose mutually enforceable restrictions in the interest of all the buyers and their successors; and a clearly defined area affected by the scheme, and known to the buyers.

A building scheme constitutes a local law, binding the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll