Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Restrictive Covenant definition

What does Restrictive Covenant mean? A restrictive covenant is a promise not to carry out specified acts. In practice it arises chiefly in land transactions and in employment or commercial agreements. The expression is descriptive and shaped largely by case law, with statutory frameworks for registration and modification. Land law (England & Wales and Northern Ireland): a negative covenant affecting land use may bind successors in equity if it benefits identifiable land and “touches and concerns” it, the original parties intended the burden to run, and a successor takes with notice (now usually via registration). Protection is by entry of a notice on the registered title,...

Restrictive Covenants in England and Wales: Enforceability, Express Releases, Indemnity Insurance and Upper Tribunal Modification/Discharge under LPA 1925 s84

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Practice notes

What is a Restrictive Covenant?

A restrictive covenant is a binding promise attached to land that limits how the owner may use it. See Practice Note: Restrictive covenants-nature and characteristics.

The Covenantee, or Beneficiary, is the person who owns the benefitting land and enjoys the restriction’s advantage. The beneficiary is commonly the party resisting any release or alteration (though not invariably-see below).

The covenantor, or burdened owner, is the person who owns the land subject to the restriction and bears its burden. The burdened owner is often the party seeking a release or change (though not invariably-see below).

This Practice Note uses the terms ‘beneficiary’ and ‘burdened owner’ rather than ‘covenantee’ and ‘covenantor’ to recognise that ownership of the land may have changed since the covenant was created.

How to discharge or modify a restrictive covenant

There are two principal routes to discharge or modify a restrictive covenant, considered in detail below:

express release (the non-statutory route)
application to the Upper Tribunal (Lands Chamber) (UT) (the statutory route)

In this Practice Note, ‘release’ and ‘discharge’ are used interchangeably.

Initial considerations

Before proceeding...

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Web page updated on 28/05/2026

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