Restrictive Covenants, Easements and Rights of Way: What UK Property Buyers Should Check

The Short Answer

A restrictive covenant is a promise, usually recorded in the property's history, that limits how the land or building may be used. An easement is a right that one property has over another, such as a right of way or the right to run a drain through a neighbour's land. Both can bind later owners. You find them in the title documents, and your solicitor should check them before you exchange contracts.

Restrictive Covenants Explained

Covenants are often created when land is sold or developed. Typical examples include a ban on building more than one house on a plot, a rule against trade or business use, a limit on building height, or a requirement to keep boundaries in a certain condition. Some old covenants are still enforceable. Others are obsolete or hard to enforce, but you should not assume that.

• Positive covenants require someone to do something, such as paying towards a shared road. These are harder to pass to later owners in freehold property, which is one reason leasehold flats are structured differently.
• Restrictive covenants stop someone doing something. These are the ones most likely to affect extensions, outbuildings and change of use.
• Leasehold covenants sit inside the lease and are enforced by the landlord. Read them alongside our Banke guide on ground rent and leasehold costs.

Easements and Rights of Way

An easement gives one owner a right to use another's land in a limited way. Common examples:

• A right of way over a shared drive or path.
• Rights for services: pipes, cables and drains that cross neighbouring land.
• Rights of light or support in some cases.
• Access rights to maintain a boundary wall or a property that touches the boundary.

Easements can work for you, as when your own access crosses a neighbour's land, or against you, as when you must allow others to cross yours. Ask which applies.

Where Buyers Find This Information

• The title register and title plan held by HM Land Registry list many covenants and easements. Our guide to how overseas buyers check the HM Land Registry title register explains how to read one.
• Older deeds may be referred to in the register and sometimes need to be reviewed.
• The seller's property information forms ask about disputes, boundaries and notices. Read the answers carefully.
• Local authority and other searches may reveal planning conditions, which are separate from covenants. See Banke's overview of UK property searches.

Why This Matters If You Plan Works or Letting

If you plan an extension, loft conversion or outbuilding, a covenant can restrict it even where planning permission is granted. Planning permission and covenants are separate systems: one does not override the other. If you plan to let the property, or to use part of it for business, check that neither a covenant nor a lease term forbids it. See also planning and building regulations checks.

What to Ask Your Conveyancer

• Which covenants and easements affect this property, in plain English?
• Has any covenant been breached, for example by an existing extension or change of use?
• Is there a risk of enforcement, and is indemnity insurance available if a breach is identified?
• Who maintains shared access, and who pays?
• Are there rights over my land that I will have to allow?
• Do boundaries match the plan, and are there disputes recorded?

If a Problem Is Found

Options depend on the issue. They can include negotiating with the seller, asking for a price reduction, obtaining consent from the person who benefits from a covenant, applying through the correct legal process to modify one, or buying a defective-title indemnity policy where your solicitor thinks it is appropriate. Do not rely on the seller's reassurance. Ask for the advice in writing.

Buying From Abroad

You may not see the property in person, so rely on documents. Choose a solicitor who explains findings clearly and who is regulated in England and Wales. Our guide to choosing a conveyancing solicitor when buying UK property from abroad lists what to look for.

Talk to Banke UK

If you are considering a UK purchase and want help preparing questions for your solicitor, contact the Banke UK team.

Conclusion

Covenants and easements are invisible on a viewing but can limit what you do with a property. Have your solicitor explain every entry in the title, check for breaches and tell you what it means for your plans before you exchange. This is general information, not legal, tax or financial advice. Rules, fees and procedures change, so confirm current details with the relevant authority or a qualified professional before you commit money.