A restrictive covenant is a binding legal obligation written into the deeds of a property by the seller. This covenant restricts or limits the way the property or land can be used. Typically, these covenants are put in place to preserve the character or value of the surrounding area or to ensure uniformity in the neighborhood. Examples of restrictive covenants include:
Prohibiting the construction of certain types of buildings or extensions.
Restricting the type of activities that can be conducted on the property (e.g., no commercial activities in a residential area).
Preventing the subdivision of land.
Prohibiting the use of the property for specific purposes (e.g., keeping livestock).
Enforcement of Restrictive Covenants by a Council
A council can enforce a restrictive covenant, but the specifics depend on the jurisdiction and the nature of the covenant. Generally:
Direct Enforcement: In some cases, if the council is a party to the covenant or has a direct interest in the property, it can …
