Breach of covenant

A ‘covenant’ is a written agreement, signed by the parties and contained in a deed. A deed is simply a document ‘witnessed’ by third parties who can attest to its validity. For advice in relation to a breach of covenant call our specialist solicitors on 01616 966 229 or complete our enquiry form and a member of the team will contact you.

Covenants are frequently the source of disputes between landowners because they compel one party to act to their detriment for another and are capable of being enforced by subsequent owners of land even though they were in no way involved in the original agreement. For example, there might be a covenant that, if enforced, can compel you to pay for the upkeep of a path that runs across all of the surrounding properties.

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Covenant advice

You may consider that you have the benefit of a covenant and want to stop a neighbour from doing something on their land such as building a large extension. On the other hand, you may want advice on whether your neighbour can stop you building an extension. The question of whether the benefit or the burden of a covenant has passed to owners not original party to the Deed is a complex legal issue and you will require specialist advice.

Covenants can have a variety of consequences. They can affect house prices by burdening property with added costs, infringe privacy by permitting others to enter your land and carry personal costs for homeowners. Similarly, a breach of covenant by your neighbour might cause you loss or inconvenience. At Stephensons we understand the significance of these issues. The mechanics of covenants can be extremely complex, but our experienced property law team can cut through the legal jargon and provide you with a solution without the red tape.

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