What am I allowed to do with my Property?

Matthew Butcher, Stamford Bridge Office
 22 Jan 2019

On many occasions we are asked by clients to confirm whether there are any restrictions on what they are allowed to do with their property, such as whether they can erect a conservatory or alter boundary features.

Owning a property does not necessarily give you a right to do as you please with it and it is important to check your title deeds before you start a project.

If you own a registered property with H M Land Registry

For a registered freehold title, the Title Register will confirm whether or not your home is subject to any “restrictive covenants”.  Sometimes the title register will list the obligations clearly, whilst at other times the register will simply refer back to a previous deed or document.

Unregistered Property

With unregistered titles, there is no HM Land Registry title register.  All the covenants affecting your home are contained within the deeds which you hold.  For this reason, it is especially important to keep your title deeds safe as often they will be the only copy of the deeds. If your home is currently unregistered you can apply for Voluntary First Registration with HM Land Registry and you may wish to speak to a conveyancing specialist at Hague & Dixon LLP in this regard.

Leasehold Property

As well as covenants in the HM Land Registry Title Register, owners of Leasehold Property should also be aware that the Lease itself will also contain specific covenants that may restrict the use of your home.

Restrictions on use

People are often aware of the “pigs and poultry” covenant preventing them from keeping or breeding pigs and/or poultry on their property, and it is a common covenant to encounter.  Other covenants can include such things as not being able to erect signs at the property (either at all or sometimes with allowances for “for sale” or “to let signs), restrictions on the parking or caravans or commercial vehicles on your property, or requiring you to obtain consent from a third party, such as the original developer, before you can carry out specified works to or actions affecting the property.

Taking the example of the erection of the conservatory, it is not unusual to see a restriction against alterations to the property or a restriction against further development without the consent of the original seller or developer.  Often, people are not aware of this restriction and it only becomes apparent that there has been a breach when the property comes to be sold.  This can then cause delay and incur costs on behalf of the seller when rectifying the breach of covenant.  Sometimes rectifying the breach will involve applying for retrospective consent, which can be costly, or where appropriate using indemnity insurance if the buyer’s solicitor accepts this.

Often restrictive covenants will have been imposed on the land many years ago, before property is built on it, but this does not make it any the less valid.  Covenants attach to the land and any part of it, even if part of the land is sold.  Theoretically the covenant could continue to affect the land and be enforceable for as long as the land is in existence.

If you have any concerns regarding covenants affecting your property, or you would like more detail about making an application for Voluntary First Registration, please call us and ask to speak to one of our specialist Residential Property Solicitors.

Please note that this page is designed to be informative and not advisory in any way. We would always recommend that you seek specific advice or guidance on a particular legal issue.
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