Positive Covenant Compliance
Covenants play a crucial role in protecting the value, use, and enjoyment of land and property. When these obligations are breached—or when their interpretation becomes unclear—swift, strategic action is essential. Our team advises landlords, developers, property owners, and commercial occupiers on the enforcement, defence, and practical management of both restrictive and positive covenants.
We provide clear guidance on the scope, validity, and enforceability of covenants, helping clients understand their rights and obligations from the outset. Whether the issue concerns unauthorised alterations, unlawful use, interference with rights of way, or breaches of development‑related restrictions, we assess the legal and commercial implications to determine the most effective route forward.
Where enforcement is required, we act decisively. Our work includes issuing notices, negotiating compliance, seeking injunctions, pursuing damages, and resolving disputes through mediation, arbitration, or court proceedings where necessary. We balance firmness with pragmatism, aiming to secure compliance while minimising disruption, cost, and long‑term conflict.
We also assist clients in modifying or discharging outdated or unreasonable covenants, advising on applications to the Upper Tribunal (Lands Chamber) and negotiating variations with affected parties. Our goal is to provide practical, commercially grounded solutions that protect your property interests and support the long‑term value and integrity of your assets.
- Restrictive covenant breaches (use, alterations, development)
- Positive covenant enforcement
- Rights of way and easement disputes
- Injunctions and damages claims
- Upper Tribunal (Lands Chamber) applications
- Negotiation of covenant variations or releases