At the beginning of the year, we wrote about the Hassan & Osman v Heath (2025) ruling, which demonstrated how restrictive covenants have the potential to prevent, or significantly impact, proposed developments or alterations to a property, even after planning permission has been granted.
Product articles
Below you’ll find articles or communications we’ve issued which are related to our Restrictive Covenants indemnities.
Whether it’s building a new property, or extending and altering an existing one, developers and homeowners often assume that obtaining planning permission is the last major hurdle to overcome before construction begins. However, restrictive covenants detailed within the title deeds also place limitations on how land or a property can be used, and as this recent claim shows, the threat of a covenant being successfully enforced can be enough to prevent a development project proceeding.
One of the most common types of legal indemnity enquiries we receive is for the breach of freehold restrictive covenants, and it’s easy to understand why.
Reform of the leasehold system has been an ambition of several previous UK governments. Looking back, the Commonhold and Leasehold Reform Act 2002 was an attempt to establish a long-term alternative to leasehold ownership of flats, and other properties. However, since its introduction, commonhold ownership has failed to overhaul the more established leasehold framework.
Claims arising under policies issued for leasehold properties can be triggered for any number of reasons.