Can I ignore a restrictive covenant?

Do Not Ignore Restrictive Covenants! Restrictive covenants do not only bind on those who agreed to them but they may run with the land. They bind on future owners or occupier of the land. A restrictive covenant is only valid if it gives some benefit to an adjoining piece of land.

Is a positive covenant enforceable?

Unlike ‘negative’ or ‘restrictive’ covenants, the burden of a positive covenant does not ‘run’ with the land and so the promise cannot be enforced against subsequent owners or occupiers without structuring the transaction as a lease or by using one of the ‘conveyancing devices’ (see below) developed for that purpose.

What happens if you breach a positive covenant?

Consequences of Breaching a Covenant They can either order an injunction to prevent the breach from continuing or they can award damages to the injured party. Damages can only be awarded where a payment of money is sufficient to compensate the injured party and where the award required is small.

How do I find covenants?

If you recently purchased a home and did not receive a copy of your CC&Rs, contact your title company for assistance. You can also obtain a copy of your CC&Rs by visiting one of our office locations or sending us a copy order. If you have questions or need further assistance, call our office at (916) 874-6334.

What are freehold covenants?

Freehold covenants are a type of contractual promise concerning land. Restrictive covenants can be enforced against future owners of the land, in contrast to positive covenants which can only be enforced against the person who made the promise.

What are the covenants on my property?

A covenant is a provision, or promise, contained in a deed to land. A covenant may give a landowner some say over what is permissible on neighbouring property. This is called the benefit of a covenant. A covenant can be very important as it could affect the value of land or its intended use.

Can I remove a covenant from my property?

Can I get a restrictive covenant removed? If there is a covenant on your property which is obsolete, you can make an application to the Upper Tribunal (Lands Chamber) (which use to be known as the Lands Tribunal) asking for the covenant to be discharged or modified.