What is the difference between an easement and a covenant?

Covenant can be called as a promise made by a single party either to engage or refrain from conduct. Easement can be called as the right for using the property of another without possessing it. 3. Easement can also be called as a person’s interest in another one’s land for some specific purpose.

Who enforces restrictive covenants on land?

The owner of the land that benefits from the restrictive covenant is the one who can enforce a breach in restrictive covenant, as they potentially stand to lose out as a result of the breach. If they choose to, they are the party that can take legal action against you.

Are restrictive covenants legally binding?

Providing restrictive covenants are not void for “restraint of trade” and required to protect “legitimate business interests”, they will be viewed as legally binding.

How long do covenants last on a property?

If the covenant is attached to the land it is said to ‘run with the land’. That means it continues to apply to the land regardless of whether either the burdened or neighbouring lands have been sold on. This means a restrictive covenant can last indefinitely even if its purpose now seems obsolete.

Can Neighbours enforce a restrictive covenant?

A neighbour can only enforce a restrictive covenant on a property or land if they are the landowner that benefits from the covenant. A neighbour that has no direct connection to the restrictive covenant cannot enforce it in any way.

Who enforces a covenant on a property?

Who enforces breach of covenant? The owner of the land that benefits from the restrictive covenant is the one who can enforce a breach in restrictive covenant, as they potentially stand to lose out as a result of the breach. If they choose to, they are the party that can take legal action against you.

Can a Neighbour enforce a restrictive covenant?