What is a Restrictive Covenant?
A restrictive covenant is a promise by a buyer of land with a seller, not to do certain things with the land, such as to build on it or use it as a shop or factory. It binds the land and not the buyer personally and therefore "runs with the land". This means that the covenant continues even when the buyer sells the land. Restrictive covenants also continue to have effect even though they were made many years ago and appear to be obsolete.
If you have restrictive covenants, they will appear in the Charges Register of the register for your title, or set out in a schedule to the register if lengthy, or set out in a deed, referred to in the register. Where all the persons who enjoy the benefit of the covenants enter into a deed releasing the covenants, you can apply to your local Land Registry office for the registration of the deed. Such applications are rare, however, and no guarantee can be given to the outcome.
You should seek legal advice before considering making an application. There are other ways of bringing covenants to an end and you should consult your legal advisor about these.