header-logo header-logo

Restrictive covenants: what’s reasonable?

17 June 2022 / Catherine Taskis , Michael Ranson
Issue: 7983 / Categories: Features , Property , Public
printer mail-detail
84925
Catherine Taskis QC & Michael Ranson explore key public law principles of reasonableness for property practitioners
  • Davies-Gilbert v Goacher is a recent High Court authority which should help to guide property practitioners through the minefield of reasonableness in the context of refusal of consent under restrictive covenants.

Restrictive covenant disputes are often a particularly bitter type of neighbour dispute.

Restrictive covenants affect landowners, both urban and rural, up and down the country. In practice, it is relatively rare to see a Land Registry title with no covenants on it and for every plot of land burdened there ought, at least in theory, to be a plot of land which benefits. Given that the benefitting and burdened land should be near to each other, a dispute about a covenant will invariably also be a dispute between neighbours. This can have the effect of turning what might at first appear to be a dry legal dispute about old drafting into something where passions can run high.

Disputes about qualified covenants

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

National Pro Bono Centre—Esther McConnell & Sarah Oliver Scemla

National Pro Bono Centre—Esther McConnell & Sarah Oliver Scemla

Charity strengthens leadership as national Pro Bono Week takes place

Michelman Robinson—Akshay Sewlikar

Michelman Robinson—Akshay Sewlikar

Dual-qualified partner joins London disputes practice

McDermott Will & Schulte—Karen Butler

McDermott Will & Schulte—Karen Butler

Transactions practice welcomes partner in London office

NEWS
Intellectual property lawyers have expressed disappointment a ground-breaking claim on the use of artificial intelligence (AI) ended with no precedent being set
Two separate post-implementation reviews are being held into the extension of fixed recoverable costs for personal injury claims and the whiplash regime
Legal executives can apply for standalone litigation practice rights, the Legal Services Board (LSB) has confirmed, in a move likely to offset some of the confusion caused by Mazur
Delays in the family court in London and the south east are partly due to a 20% shortage of judges, Sir Andrew McFarlane, president of the Family Division, has told MPs
Entries are now open for the 2026 LexisNexis Legal Awards, celebrating achievement and innovation in the law across 24 categories
back-to-top-scroll