Property Covenants: How to Check Before You Buy

Before selling land or property in England and Wales, identifying any covenants affecting the title is an important part of due diligence in the conveyancing process. Covenants - particularly restrictive covenants - are legal obligations that can limit how land may be used after sale. They may restrict building, business use, alterations, or other activity, and may bind future owners unless properly addressed. Understanding what covenants apply, what they mean and how to check them can reduce the risk of disputes, delay or liability for the seller and the prospective buyer.

This guide explains what covenants are, how to locate them in official records, how conveyancers handle them, and what sellers and buyers should consider before completion.

What Are Property Covenants?

Property covenants are promises affecting land. They typically arise in one of two forms:

• Restrictive covenants – obligations not to do something on the land, such as not building above a certain height, not using part of the land in a particular way, or not altering external appearance.
• Positive covenants – obligations to do something, such as contribute to maintenance of shared areas (though these generally do not run with freehold land unless exceptional arrangements are in place).

Restrictive covenants are far more common in residential property transactions and are particularly relevant to buyers and sellers because they “run with the land”, binding successive owners. Contracts that create these obligations may be formalised in historic deeds or registered with HM Land Registry.

Why Checking Covenants Matters Before Sale

Identifying covenants before a sale is important for several reasons:

• Impact on buyer decisions – prospective buyers need to understand any restrictions that might affect future use, such as planning or development rights.
• Risk of disputes – undiscovered covenants can lead to enforcement claims by beneficiaries after sale.
• Lender requirements – mortgage lenders typically insist on full title information, including covenants, before offering finance.
• Value and marketability – certain covenants can influence market value if they restrict desirable improvements or uses.

If restrictive covenants are not checked until late in the process, they can cause delays, renegotiations or even collapse of sales.

Step‑by‑Step Guide to Checking for Covenants Before Sale

1. Obtain the Title Register and Title Plan from HM Land Registry

The first step is to review the official title register and title plan. These documents set out the current registered title and are accessible via the “Search property information” service on GOV.UK.

• A free property summary gives a snapshot of whether restrictive covenants or easements are noted.
• The title register (typically costing £3) gives detailed information about ownership, charges and any covenants registered against the property.
• The title plan shows the extent of the land and general boundaries. These documents are the foundation for identifying covenants on a registered property.

Order these documents online via HM Land Registry's official search service by entering the property address, postcode or title number.

2. Check the Charges Register Section for Covenants

Once you have the title register, pay particular attention to the Charges Register (formerly Section C on older titles). This part indicates burdens affecting the property, which may include:

• Restrictive covenants recorded against the land.
• References to deeds containing covenants or other restrictive conditions.
• Easements, rights of way or other rights affecting the property.

Some entries may summarise covenants, while others simply refer to historic instruments (such as a transfer or conveyance) that contain the full wording. In cases where the register says “copy filed” or similar, there may be additional deeds retained at Land Registry that must be ordered for precise details.

3. Order Filed Documents or Deeds if Necessary

If the Charges Register refers to a copy filed document or if you need the exact wording of the covenant, you may need to order filed documents or archived deeds. These are official copies of historic transfers, conveyances or other instruments that may contain the full terms of a covenant.

For example, if the register shows a covenant reference with a document number, that document can often be obtained using HM Land Registry form OC2 or via the online portal. These detailed deeds may highlight:

• The precise restriction wording.
• The original parties to the covenant.
• Any conditions or beneficiaries that are still enforceable.

It is not uncommon for older covenants to be referenced in summary form on the register, with the full document needing separate ordering to interpret the terms correctly.

4. Review Deeds and Historic Documents

In some cases, historic conveyances or deeds that pre‑date registration contain covenants affecting the land. If these deeds are not registered with Land Registry in full, a search by a solicitor may be necessary. This is especially common in older estates or where properties were first registered many decades ago.

A conveyancer may:

• Check archived deeds for covenants.
• Review historic conveyances or transfers for enforceable obligations.
• Determine whether covenants still bind the land under current law.

This stage is important if the register indicates covenants exist but the register itself does not contain full details.

5. Understand Who Benefits and Enforces the Covenant

Once identified, it is important to understand:

• Who benefits from the covenant – often a neighbouring landowner or original developer.
• Whether it is still enforceable – some covenants may have ceased to be enforceable if the beneficiary no longer owns nearby land or if the purpose of the covenant has expired or become obsolete.

Legal interpretation is necessary when the covenant's practical effect is not immediately clear from the wording. Solicitors commonly analyse whether a covenant still runs with the land and who can enforce it.

6. Ask the Seller and Agent for Evidence

A prudent purchaser should also:

• Ask the seller or estate agent for any documents they hold that relate to covenants.
• Request copies of any historic deeds or restrictive covenant instruments held privately.
• Raise enquiries through pre‑contract enquiries to ensure all relevant covenants are disclosed.

Sellers are generally expected to disclose known restrictive covenants that affect the property, although this will be formalised in the contract and conveyancing enquiries.

7. Assess Impact and Advise Buyers

Once covenants are identified and understood, consider:

• Whether the proposed development or use by a buyer could breach the covenant.
• If indemnity insurance is required to protect against future enforcement claims if a covenant presents a risk.
• Whether release or modification of a covenant is necessary before sale.

Conveyancers often advise buyers and sellers on whether a covenant affects a transaction and how to manage its implications, such as by negotiating a release with the beneficiary or obtaining an indemnity policy where appropriate.

Practical Examples

• A title register indicates a restrictive covenant preventing building above a specified height. Ordering the filed deed reveals the original wording that also requires consent from a third party before any extension.
• A transfer document mentions covenants relating to shared access ways. Reviewing this deed enables the buyer to understand maintenance obligations before exchange.

These examples show how proper investigation avoids misunderstandings and costly disputes after sale.

Common Questions

Do covenants always appear on the title register?
Not always. Sometimes the title register refers to a document filed at Land Registry that contains the full covenant terms. In such cases you must order the filed document separately.

Can covenants be removed before sale?
Covenants can sometimes be released or varied by agreement with the party that benefits or by application to the Upper Tribunal (Lands Chamber) where statutory tests are met. This process takes additional time and cost.

Do covenants affect mortgage lending?
Yes. Lenders expect full title information, including covenants, to be reviewed before offering a mortgage, as restrictive covenants can affect property value or intended use.

Key Takeaways

Checking for property covenants before sale in England and Wales involves a systematic review of HM Land Registry title documents, including the title register and title plan, and potentially ordering filed deeds containing covenants. A thorough check helps identify any restrictive covenants or obligations that could affect use or resale. Conveyancing professionals review these documents, interpret covenant wording and advise buyers and sellers on implications, including the need for indemnity insurance or release agreements. Advance investigation ensures transparency, reduces risk of disputes and supports informed property transactions.