Restrictive Covenant Solicitors

Experienced solicitors specialising in restrictive covenants can support you with the removal, modification, or creation of a restrictive covenant. If necessary, they can help you to apply to the Upper Tribunal (Lands Chamber) who will handle your restrictive covenant issue, though this is only if it cannot be dealt with through negotiation and mutual agreement.

Restrictive covenants on property and land are legally enforceable in the UK. However, they can only be enforced by eligible individuals (known as the beneficiaries or covenantees) of the restrictive covenant.

The exact cost of enforcing a restrictive covenant will depend on a wide range of factors that are specific to each case, such as case complexity, the covenant’s specific terms, and whether legal action is required.

For example, if you’re able to come to a mutual agreement with help from a restrictive covenant solicitor, then you won’t need to seek legal action from the court and therefore won’t require further legal representation or guidance.

For a clearer idea of how much it might cost to enforce a restrictive covenant, we suggest discussing your case with an experienced restrictive covenant solicitor, like Freeman Jones.

Yes, restrictive covenants do stand up in court because they are a type of legally binding contractual agreement. A UK court can therefore issue an order for the covenant to be obeyed to prevent an individual from using the land or property in a way that the covenant doesn’t allow.

It’s not recommended that you ignore a restrictive covenant. As these covenants are legally binding, any restricted changes you make to the property or land that the covenant ascertains to means the beneficiary of the restrictive covenant could make a legal claim against you.

The covenantee could then pursue financial compensation to cover any damages and you may have to invest in legal representation, too. If you’ve built a structure that was restricted by the covenant, you could be ordered to remove it.

If you’d like to remove a restrictive covenant, we suggest seeking legal advice before making any restricted changes.

The cost of removing restrictive covenants can be anywhere between £0 and thousands – depending on whether the beneficiary agrees. If they do agree to remove the restrictive covenant, it can be a free process, but if they don’t, then you may need to spend significantly more money seeking legal advice and escalating the issue to the Lands Chamber.

Firstly, the statutory application fee for the Lands Chamber to remove a restrictive covenant is £880, then you will need to pay either £1100 for an official hearing or just £275 if a decision can be reached without a hearing.

Additional fees may also apply if you require a time extension or if someone objects to your application and needs a separate hearing. If your application is successful, a £220 fee is applicable to draw up the Tribunal’s final order. On top of these Lands Chamber costs, you should also consider the sum of any solicitor’s fees.