Property Covenants UK: Conveyancing Guide (2026)

Overview

A property covenant is an obligation written into the title of a piece of land. Unlike an ordinary contract between two people, a covenant travels with the land and can bind whoever owns the property next, and the owner after that.

Covenants typically originate when land is sold off in parcels, where the original seller wants to keep some control over how the land is used going forward. You will usually find them recorded against the title at HM Land Registry, and they are enforceable by the person or body who holds the benefit of that covenant, which might be a neighbour, a developer, a local authority, or in older cases an estate that no longer exists in any meaningful form.

Broadly speaking, covenants fall into two camps: those that require the owner to do something active, and those that forbid particular uses or changes. Both can have real practical consequences for how you live in, extend, or sell the property.

Key steps

1. Order the title documents early. Before you exchange contracts, ask your conveyancer to obtain the official copy of the register and the title plan from HM Land Registry. Covenants are normally set out in the charges register or referenced in historic transfer deeds, some of which may need to be ordered separately.
2. Read every covenant carefully, not just the summary. Your conveyancer should flag anything unusual, but it is worth reading the wording yourself. Some covenants use archaic language, and the practical meaning may only become clear when you consider what you actually plan to do with the property, such as building an extension or running a small business from home.
3. Check who has the benefit of the covenant. A restrictive covenant is only meaningful if someone can enforce it. If the original beneficiary was a company that has been dissolved, or an estate that has been broken up, the risk of enforcement may be lower. That said, assumptions here can be dangerous, so take proper guidance before relying on this.
4. Consider indemnity insurance where appropriate. If a covenant exists but has been breached for many years without challenge, restrictive covenant indemnity insurance is a common solution. It does not remove the covenant, but it does protect you financially if someone later tries to enforce it. Lenders often accept this as a practical fix.
5. Think about release or modification for bigger issues. Where a covenant genuinely blocks something important, you can try to negotiate a release with the person who holds the benefit, or apply to the Upper Tribunal (Lands Chamber) for modification or discharge. Both routes take time and cost money, so weigh the likely outcome against the expense before starting.

Common questions