Restrictive Covenant - Definition - Law Dictionary Home Dictionary Definition restrictive-covenant

Definition :

Restrictive Covenant, defined by the Land Charges Act 1925, s. 10, Class D (ii.), as a covenant or agreement (not being made between lessor and lessee), restrictive of the user of the land, and see s. 20 (11), ibid. Such a covenant is in the nature of an equitable easement restricting the use or enjoyment or certain land for the benefit of other land and binding on every owner (see Law of Property Act, 1925, ss. 78 and 79) of the (servient) land having notice of the covenant, see Tulk v. Moxhay, 2 Phil 774, and Smith's L.C., Notes to Spencer's case. Upon sale of land under a building scheme, of which the restriction formed part, the purchasers of plots may enforce the covenant, see Elliston v. Reacher, (1908) 2 Ch 665; see also Drake v. Gray, (1936) 1 Ch 465; Re Union of London and Smith's Bank; Miles v. Easter, 1933 Ch 611. Under the Land Charges Act, 1925, s. 10, Class D (ii), restrictive covenants made after 31st December, 1925, must be registered as a land charge (q.v.), and under s. 13, if not so registered before completion of the purchase, shall be void against a purchaser of the (servient) land for money or money's worth. See also REGISTRATION OF LAND and PRIORITY NOTICE. As to extinction or modification of these covenants, see Law of Property Act, 1925, s. 84, enabling an 'authority,' being one or more of the official arbitrators under the Acquisition of Land (Assess-ment of Compensation) Act, 1919, to discharge or modify the covenants under the conditions imposed by the Act.