IF YOU are buying or selling a house, leasing a property, or have an issue regarding your land, your solicitor might start talking about covenants.

Covenants are legally binding restrictions or conditions which affect property. They are effectively a promise to do, or not to do, something. Any covenants affecting the property must be observed or performed, as breach could result in legal action being taken against the party in breach.

“Restrictive” covenants are given by the “covenantor” to the “covenantee” not to do something on his land. “Positive” covenants require the covenantor to do something.

In some cases, covenants are created when someone sells part of their land and needs to regain some control over what the new neighbouring owner does. In other cases the developer of a housing estate might need to ensure that the new occupants maintain their properties to a certain standard. In leasehold cases, covenants are very important to ensure that the lease arrangement runs smoothly and each party is clear about what they have to do.

Examples of covenants are:

- the repairing obligations under a lease

- the obligation to pay rent under lease

- a requirement not to sublet part of the property

- a promise not to carry out a business on land

- a prohibition from building on the land

- an obligation to erect fences or other boundary structures

- an obligation to make up and maintain a track which provides for a neighbour’s right of way.

When land is sold, problems can arise further down the line in deciding whether the current owners are bound by covenants made by earlier owners, or indeed whether they have the right to enforce covenants which might benefit them.

This can be a very complex area of law, and your solicitor will advise you if you have any queries about covenants on your land.