Tom and Lisa Aldiss* had just bought their first home when the demand arrived. A housing association they had never heard of claimed the developer had breached a restrictive covenant by building their house and demanded they pay £45,000 or face legal action.
Restrictive covenants appear on the majority of title deeds for properties in the UK and can prohibit certain uses, alterations or developments. Although solicitors are supposed to flag them up, most homeowners remain unaware of them. And those who inadvertently breach a covenant – or buy from a seller who has already breached it – can find themselves liable for life-changing sums.
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