Restrictive covenants – what can be done?

In a recent application, the owners of a freehold property in East Dulwich sought to challenge restrictions on the use of their property which had been imposed by a former owner of the property in 1984. At that time, the property had been converted from a single double-fronted, two-storey Victorian residential property into two self-contained freehold residential units, divided vertically and accessed from the road through a single central front door into a communal hallway – with separate internal doors serving each property. The Tribunal noted the circumstances in which the restrictions had been imposed and the effect on potential sales of No.141a, as well as the absence of reciprocity between the homes. The owners of No.141a made an application to the Upper Tribunal to discharge or modify the restrictions, which is an option available under s.84 of the Law of Property Act 1925. The application was opposed by the neighbours at No.141, who enjoy the benefit of the covenants as successors to the original party who had imposed the covenants. The restrictions The restrictive covenants are for the benefit of No.141, without any reciprocal covenants being imposed on the owners of that property. The covenants are as follows: not…

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