Restrictive Covenants: Your land but not your rules

Are you thinking of leasing your commercial property? Maybe you are a tenant considering assigning or underletting a lease to another business? Perhaps you are considering purchasing your first commercial property or taking on your first lease? In this article we will cover all of this and more by answering the following questions:

  1. What are restrictive covenants?

  2. Are restrictive covenants enforceable?

  3. Can you remove or edit restrictive covenants?

Restrictive covenants are very common. Most properties in the UK, both commercial and non-commercial, and much of the UK’s land is subject to at least one restrictive covenant.

Whenever a commercial property is bought or leased, these restrictive covenants must be considered. This is because each covenant represents a legal contract. In our experience, the consequences of breaking restrictive covenants can be high, and it is therefore important for you to ensure that you know what you are agreeing to.

What are restrictive covenants?

Restrictive covenants are rules that dictate what you can or cannot do to your property or your land. They are formed by way of an agreement which is then written into the title deeds of the property and are often used to protect your neighbour’s interests.