Somebody explain to me what a restrictive covenant is?

[Feelings]

FTB's here, we've just quickly done a search on the title register and we've noticed it says "the transfer to the proprietor contains a covenant to observe and perform any obligations affecting the property which will remain binding on the transferor after the date thereof and of indemnity in respect thereof"

Further down it actually says they could not get the original deed nor certified copy or examined abstract of said restrictive covenants.

So I have no idea what this means really, will we be bound to some kind of rule or not?
I can't even figure out what rule it is they've placed on the property.

Will this slow down the sale?

didactylos does that mean you can't serve guests alcohol in your house?

The restricted covenants on our house when we bought it were:

1. front garden must be left open plan, no hedge/fence
2. can't run a business from our house
3. can't park a vehicle over 3.5t on the driveway or road outside
4. cannot keep livestock
5. cannot keep pigeons

I think there may have been others but I can't remember....

They were valid for 21 years after the house was built then we could do what we like.... it was built in 1991 and we were the second owners.

Pretty much none of my neighbours have stuck to the covenants (us included!) and I had one neighbour whose racing pigeons' route home was over my back garden and my washing was regularly covered in shit

op it sounds highly likely that insurance (for a one off payment) can be obtained in your case - best to ask your solicitor who can advise on the specifics.

Alternatively you can choose to just take a view on whether it is likely to be enforced/enforceable now. But obviously a future buyer may want you to purchase a policy anyway.

Round where I am there are a few estates that still actively enforce quite old (100 years + covenants) so they can still be relevant
(Indeed I act for a large landowner who regularly enforces covenants still)

Our covenant said we can't sell fish. We were devastated at first but decided we still really wanted the house...

Restrictive covenants were often put in place for the benefit of neighbours and the wider community. No small-holding farms in residential areas, no keeping of commercial vehicles in a front garden, no hiding a house behind a huge wall, no painting your house outrageous colours etc.

The person who originally put the convenent in place likely has no interest in ever enforcing it, but it does give neighbours a route of legal recourse if your actions are damaging. I.e. if you decide to set up a small livestock farm in your back garden, your neighbour may take umbridge and hence would potentially have the option to pursue action through the courts against you.Similarly, it's likely that neighbouring properties would have similar covenants in place so gives you similar protection.

Can you ask the neighbours if they have covenants on their deeds? They might be the same as for your property.

I can't brew or distil alcohol, advertise, run a business or keep pigs.

We're trying to have one of them removed atm.

No caravans or chickens for us!

We had a rental for a short period, and the landlord had to pass on to us the covenants that applied to the property.
We couldn't do various fairly obvious things, but the one that attracted most attention was that we couldn't use the premises "for immoral purposes".
It was often mentioned when we were getting down and dirty.

Ohhhhh hahahha immoral purposes!

I would ask the neighbours plumpcious but they've actually sold their house and aren't living there anymore!

It’s common to find restrictive covenants on properties which are or were Council houses. These have subsequently been passed onto housing associations, who have whole departments making money out of lifting the covenants.
I want to sell a bit of land and the holder of the covenant can charge any price they choose and take as long as they like to remove the covenant.

It’s common to find restrictive covenants on properties which are or were Council houses

My house is ex-La and there is a restrictive cov on it saying can't run a business and it has to be a single family dwelling house.

Our house has 2 - you can only run a business from the house if it's one of 5 professions (we thought it was fate as DH and I both have professions on the list and I run my practice from home) and the other is that if we build any more houses on the plot (really big plot) we have to pay the original Family on the covenant £100 per house - which was when ours was built was a large amount of money now I think it would be fine.