Restrictive covenants impose legally binding conditions on how a property can be used or developed. If a homeowner or landowner breaches a restrictive covenant, enforcement action can be taken, but this must be done within certain time limits.
Understanding the legal timeframe for bringing a claim is crucial for both those looking to enforce a covenant and those seeking to defend against a potential claim.
How long do you have to enforce a breach of restrictive covenant?
The Limitation Act 1980 sets out the general time limits for taking legal action on property matters, including breaches of restrictive covenants. The key timeframes are:
- 12 Years – If the breach involves an action affecting property rights (such as an unauthorised building or land use), a claim must be made within 12 years of the breach occurring.
- 6 Years – If the claim is for damages rather than stopping or reversing the breach (such as compensation for financial loss), the time limit is 6 years from when the breach was discovered.
Failing to take action within these timeframes may mean that the covenant cannot be enforced.
Does a breach become lawful over time?
If a restrictive covenant has been breached for an extended period without challenge, it may become unenforceable. This can happen if:
- The benefiting party is aware of the breach but does not act within the limitation period.
- The breach has been in place for over 20 years without objection, allowing an application for prescriptive rights.
- The court determines that the covenant is obsolete due to changes in land use or the surrounding area.
What happens if you are facing a claim for breach?
If a claim is brought against you for breaching a restrictive covenant, there are several possible defences:
- Time Limit Expired – If the breach occurred outside the legal time limits, the claim may not be valid.
- Covenant is No Longer Enforceable – If the benefiting party no longer has an interest in the restriction, enforcement may not be possible.
- Lack of Awareness or Waiver – If the covenant has been ignored for years without enforcement, the court may consider it waived.
The time limits for enforcing a breach of restrictive covenant vary depending on the nature of the claim, but prompt action is essential. If you need advice on enforcing or defending a breach, our specialist solicitors can assess your situation and guide you through the legal process. Contact us today on 0161 696 6178 for expert assistance.
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