Jurisdiction(s):
United Kingdom

Restrictive covenants: construction principles and interpretation of common terms (building, house, dwelling house, residential, structures, trade or business, ancillary uses, nuisance or annoyance)

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note explores how restrictive covenants are interpreted, and considers the sense of commonly used phrases appearing in such covenants, discussing their typical usage.

Approach to construction of covenants

Restrictive covenants are treated in the same manner as any other contractual provision. The court’s task is to determine what a reasonable person, armed with all background knowledge available to the parties, would understand the contractual language to convey in context. For more detailed guidance, see Practice Note: Contract interpretation—the guiding principles.

It is also essential to confirm that the covenant is enforceable as between the relevant parties. For further guidance, see Practice Note: Restrictive covenants—nature and characteristics.

As each instrument is distinctive in its precise wording and factual context, past judicial decisions on similar phrases are not a dependable aid to construction in many cases. Subject to that qualification, the remainder of this Practice Note considers the potential meaning of a number of common terms used in restrictive covenants...

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Web page updated on 21/05/2026

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