When you buy a property, you’re inheriting more than just bricks and mortar. Hidden somewhere in the legal paperwork are promises made by previous owners about how the land can be used. These are property covenants, and they’re worth understanding before you commit to your purchase.
Here’s the thing – covenants aren’t unusual. Most homes have them. But knowing what applies to yours helps you feel confident about your investment and spot any restrictions that might matter to your plans.
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What are property covenants really?
Think of a covenant as a promise written into the property’s title deeds. Someone selling land years ago decided to add conditions about what the new owner could or couldn’t do with it. That promise didn’t expire when the property changed hands. It’s still binding today, and it’ll still be binding when you own the home.
That’s what people mean when they say covenants “run with the land” – they stick around indefinitely, applying to every owner who comes after. Some covenants are ancient (Victorian era, sometimes earlier). Others were created when houses were sold more recently. The age barely matters legally – they’re equally valid either way.
Why did people create them? Usually, to protect something they cared about. Developers wanted to preserve the character of an estate. Original landowners wanted to protect their views or prevent unsuitable neighbouring uses. Modern covenants tend to focus on reasonable things – keeping properties looking uniform, preventing commercial activity in residential areas, or maintaining shared facilities.
Two different types you might encounter
Restrictive covenants prevent you from doing something. They might say you can’t build extensions above a certain height, can’t run a business from home, can’t erect satellite dishes on the front, or can’t make major structural alterations without permission. These are straightforward – they tell you what you can’t do, and that’s usually pretty clear.
Affirmative covenants ask you to do something. You might need to maintain a shared fence, contribute to communal garden upkeep, or keep a driveway in good repair. These are less common in houses and work slightly differently legally. They generally don’t pass to new owners as automatically as restrictive covenants do, which makes them less of a concern for buyers.
Most properties carry at least one covenant. That’s completely normal and not a red flag. The question is simply whether any covenant affects your specific plans.
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Understanding what applies to your home
Your solicitor finds covenants during conveyancing. They check the Land Registry records (Section C of your title) and explain what they mean for you. Since March 2026, the updated TA6 Property Information Form requires detailed disclosure of restrictions early on. This means you get clearer sight of what applies before you’ve even committed that’s helpful, not a hassle.
Your solicitor walks you through what each covenant says in practical terms. They’ll tell you whether it genuinely affects your plans or whether it’s just historical paperwork that doesn’t really impact modern living.
Do covenants affect what your home is worth?
Some covenants barely register in practical terms. A restriction on keeping horses doesn’t bother most modern homeowners. A prohibition on certain window styles might be irrelevant if you love your current ones.
Others genuinely matter. If you’re planning an extension, a covenant preventing extensions above single-storey height changes your plans. If you work from home and need a business-use restriction lifted, that’s important. Your solicitor helps you understand whether any covenants affecting your property might influence future value or appeal.
Mortgage lenders in 2026 don’t panic about covenants. Most will lend without hesitation if the covenant isn’t breached and doesn’t fundamentally restrict how you’d use the property. If there’s an existing breach, lenders typically ask for indemnity insurance – specialist protection that covers you if someone later tries to enforce it. That’s straightforward to arrange and most lenders accept it readily.
Getting mortgage approval in principle before you make an offer means you avoid any covenant-related surprises that might derail your purchase later.
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When previous owners bent the rules
Sometimes you discover a previous owner breached a covenant. Maybe they built an extension without consent or ran a business from home. If it happened years ago and nobody complained, you might wonder if it still matters.
Technically, breaches don’t just vanish through time. But practically, if something’s gone unchallenged for many years, enforcement becomes unlikely. Indemnity insurance helps here. It’s relatively inexpensive specialist cover that protects you financially if someone ever tries to enforce an old breach. Both you and your lender get peace of mind from knowing you’re protected.
If a covenant affects your plans
Three practical options exist. You can negotiate directly with whoever benefits from the covenant. They might release you from the restriction for a fee. Sometimes they’re easy to find and willing to help. Sometimes it’s trickier. Worth trying though.
Alternatively, you can apply to the Upper Tribunal to discharge or modify the covenant. You’d need to show it’s outdated, unreasonable, or preventing reasonable property use. This involves legal costs and takes months, but it’s an option if the covenant genuinely blocks something important to you.
The most straightforward route is often indemnity insurance. It works as a practical fix without lengthy legal processes – particularly useful for covenants that seem unlikely to be enforced or where you can’t trace who’d benefit from it.
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Before you exchange contracts
Chat with your solicitor about any covenants affecting your property. Ask clearly whether they limit your planned use. If they do, explore which solution makes sense – negotiation, tribunal application, or insurance.
One thing worth remembering: planning permission doesn’t override covenants. You can have full council approval for an extension and still be in breach of your deeds. So it’s worth clarifying this early if you’re planning changes.
Property covenants are genuinely normal. Most homes have at least one. Understanding what applies to your home ensures you buy with confidence and no unexpected restrictions surprise you later.
For advice on covenants affecting a home you’re considering, speak with your local Ellis & Co branch about your specific situation.
