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Restrictive Covenants are usually put in place by the original developers and are legally bound to the property or land and not the owner. Consequently, they are transferred with the property on its sale and despite many covenants being old, they are still valid as long as the property or land is still in use. It is important when you are buying a home to fully understand any restrictive covenants that are in place.

Restrictive Covenants can and usually do cover a broad range of issues. They nearly always stipulate the size of residency allowed and the number of houses that can be built per plot of land and what type of construction these homes should be.

Other factors to look out for include how far back your home must be from the highway, rules concerning ownership of livestock, the type of fencing or roof tiles that can be used, or what materials any extension, if you are allowed to extend, is constructed with.

If you are buying a property, or are concerned about restrictive covenants that may apply to your current dwelling, please contact Pauline Hitch at