When buying or owning property in England and Wales, legal documents tied to the land can carry long-term obligations. One such document is a Deed Of Covenant, which often raises important questions for homeowners and buyers alike. Can it be changed? Can it be removed entirely? And if so, under what circumstances?
This guide provides clear legal insights into how a Deed Of Covenant works, when changes may be possible, and what steps property owners should consider. The aim is to help you make informed decisions while avoiding common misunderstandings.
Understanding What a Deed of Covenant Is
A deed of covenant is a legally binding agreement that places obligations on a property owner. These obligations can be positive (requiring an action, such as maintaining shared land) or restrictive (limiting how the property can be used or altered).
Unlike informal agreements, a deed of covenant is usually registered against the property title. This means the obligations can pass to future owners, not just the person who originally signed the deed. As a result, covenants can remain enforceable for many years, sometimes indefinitely.
Why Property Owners Want to Change or Remove a Covenant
There are several reasons why property owners explore changing or removing a covenant:
Planned extensions or alterations restricted by the covenant
Ongoing financial obligations that are no longer relevant
Outdated restrictions that no longer reflect current land use
Issues discovered during conveyancing when selling or refinancing
In many cases, covenants were created decades ago, and their original purpose may no longer apply. However, that does not automatically make them unenforceable.
Can a Deed of Covenant Be Changed?
Yes, a deed of covenant can be changed, but only under specific legal conditions. A covenant cannot be altered unilaterally by the property owner. The method depends on who benefits from the covenant and whether they are willing to agree to the change.
1. Agreement With the Benefiting Party
If the individual or organisation that benefits from the covenant can be identified and agrees, the covenant may be modified or discharged by a Deed of Variation or Deed of Release.
This approach typically requires:
Legal documentation prepared by solicitors
Consent from all relevant parties
Registration of the change with the Land Registry
This is often the simplest route but is not always possible, especially when the benefiting party cannot be located.
2. Application to the Upper Tribunal
If agreement cannot be reached, property owners may apply to the Upper Tribunal (Lands Chamber) under the Law of Property Act 1925.
The tribunal may consider modification or discharge if:
The covenant is obsolete
It unreasonably restricts the use of the land
No practical benefit is provided to the benefiting party
Compensation can adequately address any loss
This process can be complex, time-consuming, and costly, making professional advice essential.
Can a Deed of Covenant Be Removed Completely?
Complete removal is possible, but far less common than modification. A covenant may be removed if it no longer serves a legal or practical purpose, or if it is proven to be unenforceable.
Factors that may support removal include:
Significant changes to surrounding land use
Long-term breaches without enforcement
Lack of identifiable beneficiary
However, removal is never guaranteed. Each case is judged on its own legal merits.
When a Covenant Cannot Be Changed or Removed
In some situations, a covenant must remain in place. This may happen when:
The covenant provides clear ongoing benefit
The benefiting party actively enforces it
The restriction protects shared infrastructure or access
Ignoring a covenant without proper legal resolution can lead to enforcement action, injunctions, or financial penalties.
The Importance of Title and Covenant Checks
Before attempting any changes, it is essential to fully understand what obligations exist on a property. A detailed title review can reveal:
The wording of the covenant
When it was created
Whether it is still enforceable
This is where professional conveyancing searches play a critical role. Reviewing accurate property records ensures decisions are based on verified legal information rather than assumptions.
How Land Registry Online Supports Informed Decisions
Land Registry Online provides access to essential property documents, including title registers that may reference covenants affecting land ownership. These records help buyers, sellers, and homeowners understand potential legal restrictions before they escalate into disputes or delays.
Accurate documentation supports better conversations with solicitors and surveyors, saving time and reducing uncertainty during property transactions.
Legal Advice Is Always Recommended
While it is helpful to understand the general principles, changing or removing a covenant is a legal matter that requires professional guidance. A qualified conveyancer or property solicitor can:
Assess enforceability
Identify beneficiaries
Advise on risk and cost
Handle tribunal applications if required
Attempting to resolve covenant issues without expert advice may expose property owners to unnecessary legal risk.
Final Thoughts
A Deed Of Covenant does not automatically prevent property changes, but it cannot be ignored either. Whether a covenant can be changed or removed depends on its wording, purpose, and legal enforceability.
Understanding your property’s legal obligations early ideally before purchasing or developing can prevent costly surprises later. With the right information, professional advice, and verified property records, navigating covenants becomes far more manageable.
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