Covenants Advice Online

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Covenants Explained

Covenants between land owners may be positive or negative in nature. Positive covenants require the owner of the burdened land to take some action on their own or adjoining property usually requiring the expenditure of money, i.e. covenants to keep property in good external repair for community purposes. Negative or Restrictive covenants require the owner of the burdened land to refrain from some activity on his land, i.e. not to carry on a trade or business so as not to upset the character of the community.

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Sample Questions

  • “…I recently inherited some property in a seaside town…The property is in good repair…however, I have received notification from the local residents association that I am required to paint the exterior of my property within the next 28 days or face legal action…what is this all about…”


  • “… my neighbours and I live in a private residential estate…we have our own residents association which manages the affairs of the estate… one of the residents has recently took to operating a mobile fish and chip shop in the cul de sac where our community is situated…apart from the smell and litter it is increasingly difficult to gain access to or leave our properties because of the increased traffic both pedestrian and vehicular…”



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