Restrictive covenants on a property: how to find them, read them and see who can enforce them
Restrictive covenants are promises in a deed not to do certain things on a piece of land, such as build a second house or run a business, and they bind later owners of that land. For a registered property in England and Wales they are recorded in part C of the title register, either set out in a schedule or held in a filed deed.
Key facts
- A restrictive covenant on a registered title in England and Wales appears in the charges register, part C, in an entry naming the deed that contains it.
- The full wording is usually either set out in a schedule of restrictive covenants at the end of the register or held in the filed deed, which the entry marks with a note such as "NOTE: Copy filed".
- A positive covenant, such as a promise to pay towards a shared road, is not recorded as a burden in part C; part B may instead carry an entry noting that the current owner gave an indemnity covenant.
- The title plan may mark the land affected by a covenant with a tint that the register entry refers to by colour.
- An entry recording a covenant is a record that the covenant was made; it is not a ruling that the covenant can still be enforced.
- The register is public, so anyone can order the register and filed deeds for a property they do not own.
What a restrictive covenant is and where it sits
A restrictive covenant is a promise, made in a deed, that the owner of one piece of land will not do something on it, given for the benefit of other land nearby. The classic examples are not to use a house for trade or business and not to build more than one dwelling on a plot. The land that made the promise carries the burden; the land the promise protects carries the benefit.
On a registered title the burden is recorded in the charges register, part C, alongside mortgages, rights of way and notices. The benefit, where recorded at all, appears in part A of the other title. The three parts of the register are explained entry by entry on our title register page.
How a covenant entry reads, word for word
The entry names the deed, its date and its parties, then states that the deed “contains restrictive covenants”. Take 41 Chestnut Drive in Sittingbourne, an invented house on a 1970s estate, title number TT402211. Its part C carries this entry:
1 (17.05.2016) A Transfer of the land in this title dated 14 July 1976 made between (1) Kentmere Homes Limited and (2) Alan George Pratt contains restrictive covenants.
NOTE: Copy filed.
The date in brackets is the date the entry was made in the register, here on first registration forty years after the deed. The deed date, 14 July 1976, is when the covenants were created; the parties are the developer that imposed them and the first buyer who accepted them. Every later owner has taken the plot subject to the same promises.
On older titles the deed is usually a conveyance rather than a transfer: “A Conveyance of the land in this title and other land dated 2 May 1978 made between (1) [seller] and (2) [buyer] contains restrictive covenants.” The words “and other land” tell you the deed covered more than this plot, so neighbouring land may share the burden and the benefit.
Sometimes the wording is set out in a schedule of restrictive covenants at the end of the register. Otherwise the entry carries a note such as “NOTE: Copy filed”, or “NOTE: Original filed under” with a title number, and the wording stays in the deed.
Eight covenants you will meet most often
The deed wording is usually longer than the plain-words version below.
| Covenant as it appears in the deed | What it means in practice |
|---|---|
| Not to erect more than one private dwellinghouse on the plot | You cannot split the garden for a second house; an annexe with its own front door may be caught |
| Not to carry on any trade, business or profession on the property | A home office rarely draws objection; a client-facing business, a workshop or childminding may breach it |
| Not to make any alteration or addition to the exterior without the written consent of the transferor | An extension, porch or dormer needs the consent of whoever now holds the developer’s rights, if anyone does |
| Not to keep a caravan, boat, trailer or commercial vehicle on the plot other than in a garage | A camper van on the drive is likely to be caught; a garage or screened area is often allowed |
| To maintain the fences marked T on the plan | A positive covenant, enforced through the indemnity chain rather than as a burden in part C |
| Not to cause a nuisance or annoyance to the owners of adjoining property | Broad wording used against noise, smells, bonfires and sometimes holiday lets |
| Not to build forward of the building line shown on the plan | A front extension or garage projecting past the line on the plan is a breach |
| Not to obstruct or park on the estate roads, footpaths or visitor bays | Common where roads are private; the promise to pay towards upkeep is a separate positive covenant |
The wording that binds a particular house is the wording in its own deed, which may add an exception, a time limit or a consent clause that changes the answer.
Positive covenants and the indemnity chain
A positive covenant is a promise to do something, usually to spend money: maintain a fence, contribute to a private road. The law treats it differently from a restrictive covenant, and the register shows it.
A restrictive covenant is entered as a burden in part C and binds each later owner. A positive covenant does not pass to later owners of freehold land in the same way, so conveyancers keep it alive by making each buyer promise the seller to perform it and to cover any loss if it is broken. That promise is the indemnity covenant.
The register records the indemnity in part B, in an entry such as “(02.04.2003) Transfer contains covenant regarding Charges Register obligations”, or one saying the transfer “contains covenant to observe covenants and indemnity provisions”. The promise itself, and the positive covenants it covers, are in the filed transfer.
Where the covenant wording is, and where it is not
The wording can be in one of three places, and the register entry tells you which.
In the register itself. Where the entry refers to a schedule, scroll to the end of the official copy. The schedule reproduces the covenants and says which deed they come from.
In a filed deed. Where the entry carries a filed note, the registry holds a scanned copy of the deed and issues official copies of it. Those copies are our conveyancing pack, which explains how transfers, conveyances and deeds of covenant read.
Nowhere on file. Where the entry names a deed with no filed note, or notes that the deed was not retained, a copy is unlikely to be available. This is most common with deeds made before first registration: the originals were handed back to the applicant, and the registry does not always hold a copy. Our title deeds page explains where those papers tend to be now.
A covenant may affect only part of the land. The entry then refers to “the land tinted blue on the title plan” or similar, and the title plan is where you match the colour to the ground.
Covenant found: the practical next step
The next step depends on what the entry and the deed say and what you plan to do.
| What you found | Practical next step |
|---|---|
| Entry refers to a schedule | Read the schedule; note each promise, any consent clause and which land has the benefit |
| Entry says “NOTE: Copy filed” | Order the filed deed and read the covenant clause and the plan in full |
| Entry names a deed with no filed note | Ask the seller or your solicitor for the original deed; if none exists, the wording is unknown and a conveyancer discusses the options |
| Covenant needs the transferor’s consent | Find out whether the developer or estate company still exists and still holds the benefit |
| Covenant benefits “the Vendor’s retained land” | Identify that land from the deed plan and find who owns it now with our guide to who owns a property |
| Covenant already breached by an earlier owner | Note when the breach happened and whether anyone objected; a solicitor advises on what that means |
| Indemnity covenant entry in part B | Order the filed transfer to see which positive covenants you are promising to perform |
Three situations, worked through
Each case is invented and built around a real entry pattern.
A rear extension on a 1970s estate
The owners of 41 Chestnut Drive in Sittingbourne want a single-storey rear extension. Part C of title TT402211 records the 1976 transfer from Kentmere Homes Limited, copy filed, and the transfer says no alteration or addition to the exterior may be made without the transferor’s written consent.
In this example the developer was dissolved in 1994. The consent covenant does not vanish with the company, but there may be nobody left who holds the benefit. The owners’ solicitor will check whether the benefit was attached to the other plots, which would give every neighbour a say, and may discuss indemnity insurance.
Planning permission from the council is a separate matter and does not override the covenant.
Running a business from home
The owner of 8 Kiln Street in Wigan, an invented Victorian terrace, title number MAN338120, wants to run a dog-grooming business from the back room. Part C carries a conveyance dated 9 March 1898 “made between (1) William Henry Ashworth and (2) Thomas Berry” that “contains restrictive covenants”, set out in a schedule, including a promise not to carry on “any trade or business whatsoever” on the property.
A covenant from 1898 can still bind the land. Whether anyone could enforce it depends on who now owns the land Mr Ashworth kept and whether the benefit reached them; on a terrace sold plot by plot, that is often the neighbours. A solicitor can explain a release from the people with the benefit, or the route by which the Upper Tribunal (Lands Chamber) may discharge or modify an obsolete covenant.
A covenant benefiting a landowner who no longer exists
A 1950s semi in Barnsley, invented title SYK771904, carries a covenant from a 1955 conveyance by an estate company not to use the land “otherwise than as a private residence”. The company has gone and its land was sold off in pieces.
The register cannot say whether the covenant died with the company. If the benefit was attached to the land the company then owned, the current owners of that land may have inherited it; if it was personal to the company, it may have ended. The benefit clause in the filed conveyance is where a solicitor starts.
Who can enforce a restrictive covenant
A restrictive covenant can be enforced only by someone who holds the benefit of it, normally the current owner of the land the covenant was made to protect. On an estate that is usually the developer while it keeps land, then the other plot owners, depending on the deed. On an older sale it is the owner of whatever the seller kept back.
The entry on the register does not name the person with the benefit. It names the parties to the deed, who may have died or been dissolved decades ago. Working out who could object today means reading the benefit clause and plan in the deed, then checking who owns that land.
Enforcement is by the person with the benefit, not by the registry or the council. The usual remedies a solicitor describes are an injunction to stop the breach, damages, or a negotiated release or variation for a payment. A covenant can also be discharged or modified by the Upper Tribunal (Lands Chamber) on application, for example where it has become obsolete, after weighing objections from anyone with the benefit.
Before an extension, a conversion or a change of use
Check the covenants before you pay for drawings, in this order.
- Order the title register and read part C. List every entry that “contains restrictive covenants” and note whether it refers to a schedule or a filed copy.
- Read the schedule, or order the filed deed, and copy out the exact wording of any covenant that touches your plans.
- Read the benefit clause in the same deed to see which land was meant to be protected.
- Check part B for an indemnity covenant entry; if there is one, the filed transfer tells you what you promised on top of part C.
- Compare any tinted area on the title plan with the covenant entry, in case the covenant affects only part of the plot.
- Take the register, the deed and your plans to a solicitor before you apply for planning permission.
What you receive
- The title register as a PDF, with part C and any schedule of restrictive covenants
- Official copies of the filed deeds part C refers to, where the register notes a copy is filed
- The title plan, showing any tinted area the covenant entry refers to
Usually ordered together
Why order with us
- Search by address
We match the address you give us to a title number before ordering.
- Checked before it is sent
Each PDF is checked against that address before it leaves us.
- Clear timeframes
Delivery is within 24 UK business hours, or within 1 UK business hour on fast-track.
- A person to talk to
Email info@uklandregistryonline.org.uk and a person replies.
Terms used on this page
- Restrictive covenant
- is a promise in a deed not to do something on land, given for the benefit of other land, recorded in part C of the burdened title.
- Positive covenant
- is a promise in a deed to do something, usually to spend money, carried forward to later owners by indemnity covenants.
- Indemnity covenant
- is a buyer's promise to the seller to perform the existing covenants and to cover any loss if they are broken, noted in part B of the register.
- Charges register
- is part C of the title register, recording mortgages, covenants, rights of others and notices.
- Schedule of restrictive covenants
- is the section at the end of a register that sets out the covenant wording in full.
- Filed deed
- is a document referred to in the register of which the registry holds a scanned copy, signalled by a note such as "Copy filed".
- Upper Tribunal (Lands Chamber)
- is the body that can discharge or modify a restrictive covenant on application, after hearing any objector with the benefit.
Frequently asked questions
What is a restrictive covenant?
A restrictive covenant is a promise in a deed not to do something on a piece of land, made for the benefit of other land nearby. Common examples are not to build more than one house, not to run a business and not to alter the outside without consent. The burden passes with the land, so later owners are bound.
How do I find out if my property has restrictive covenants?
Order the title register and read part C, the charges register. Any entry that says a conveyance or transfer "contains restrictive covenants" is your starting point. The wording is either in a schedule at the end of the register or in the filed deed, which you order separately. A lease carries further covenants of its own.
Are restrictive covenants shown on the title register?
Yes, for a registered property in England and Wales. The charges register names the deed that contains them, and either reproduces the covenants in a schedule or notes that a copy of the deed is filed. The register does not say whether a recorded covenant can still be enforced.
Can I build an extension if there is a restrictive covenant?
It depends on the wording. A covenant against alterations without the transferor's consent means you need that consent, a release, or confidence that nobody holds the benefit any more. A building-line covenant may stop a front extension but not a rear one. Planning permission does not override a covenant.
Who enforces a restrictive covenant?
The owner of the land that has the benefit of it: usually the developer while it keeps land and then the neighbouring plots, or the owner of land an earlier seller kept back. The registry and the council do not enforce covenants. Whether a neighbour can enforce depends on the benefit clause in the deed and the land they own.
Do restrictive covenants expire?
Not by age alone. A covenant made in 1898 can still bind the land in 2026 if it was properly created and the benefit still exists. Some deeds set a time limit, and a covenant can be released by agreement or discharged or modified by the Upper Tribunal (Lands Chamber). Otherwise it stays on the register.
What is an indemnity covenant?
An indemnity covenant is the buyer's promise to the seller to perform the covenants affecting the property and to cover the seller's loss if they are broken. It is how positive covenants are passed from owner to owner. The register records it in part B with wording such as "Transfer contains covenant regarding Charges Register obligations".
What if the covenant wording is not in the register?
If the entry says "NOTE: Copy filed", order the filed deed as a conveyancing pack and read the covenant clause there. If the entry names a deed with no filed note, the registry is unlikely to hold a copy, which is common for deeds made before first registration; the original may be with the owner, an earlier solicitor or a lender.
Can a restrictive covenant be removed?
Yes, in two main ways. The people with the benefit can release or vary it by deed, sometimes for a payment, or the Upper Tribunal (Lands Chamber) can discharge or modify it on application, for example where it has become obsolete. Where the person with the benefit cannot be traced, a conveyancer may discuss indemnity insurance instead.
What is the difference between a restrictive and a positive covenant?
A restrictive covenant is a promise not to do something, such as not to build or not to trade, and it binds later owners as a burden recorded in part C. A positive covenant is a promise to do something, such as maintain a fence or pay towards a road, and it is passed on through indemnity covenants noted in part B.
Sources and how this page is maintained
- The register's published guidance on reading a title register, on official copies and filed documents and on first registrations (checked September 2026).
- Entry wording taken from official copies of registers published openly by public bodies in England and Wales, with names, addresses and title numbers replaced by illustrative examples.
- The Law Society (lawsociety.org.uk) and the Council for Licensed Conveyancers (clc-uk.org) for the adviser's role.
- Example addresses, owners and title numbers on this page are invented for illustration and do not refer to any real property or person.
- Reviewed by Ciara, Editor. Last reviewed: .
Records that hold the covenant wording
- Title register: part C entries and the schedule of restrictive covenants
- Conveyancing pack: the filed transfer or conveyance that contains the covenants
- Title plan: the tinted or hatched area a covenant entry refers to
- Title deeds: where a pre-registration deed may be if it is not on file
- How to find out who owns the land with the benefit of a covenant