Start with the title register and referred documents
HM Land Registry's title register normally contains details of restrictive covenants or identifies documents that contain them. The title plan shows general boundaries; it is not a substitute for reading the wording of the restriction. [2]
Give your solicitor the complete register, the proposed site layout and any deeds referred to in the register. Ask whether further documents are needed to understand the land affected and the intended work. Do not draw conclusions from a short property-summary entry alone.
Ask what the restriction means for this proposal
Restrictions can address matters such as building on the land, business use or the type or size of a building. Old covenants can remain relevant, and identifying the person or land with the benefit may require historic conveyancing documents. Age alone does not answer the question. [1]
For your project file, request a plain-language explanation of the restricted activity and the area affected. Ask whether the proposal can be redesigned to avoid the issue and what would need resolving before a contract or purchase commitment is made.
Planning permission is a separate decision
A planning approval does not cancel a covenant. Equally, do not use a neighbour's planning objection or support as proof of whether that person has the legal benefit of a restriction. These are different questions. [1]
Keep the planning drawings and legal review aligned. Send material design changes back to the legal adviser when they affect a feature already identified as restricted, rather than relying on advice about an earlier scheme.
What routes should be discussed?
Ask the solicitor whether interpretation, consent, a negotiated release or redesign is the appropriate next step. Agree who should approach any potential beneficiary and what information should be supplied before making contact yourself.
In appropriate cases, an application can be made to the Upper Tribunal (Lands Chamber) to discharge or modify a restrictive covenant under section 84 of the Law of Property Act 1925. It is a legal procedure, not an automatic consequence of obtaining planning permission. [1]
Ask about the availability and suitability of indemnity insurance before contacting potential beneficiaries, and obtain advice on the actual proposed course of action.
Keep different property rights distinct
The tribunal's restrictive-covenant procedure is not a general power to remove positive obligations or rights of way. Those can require different advice. [1]
Before proceeding, keep the written legal conclusion and any formal consent or release with the project documents. Ask the solicitor to identify any remaining condition, payment or registration step rather than treating an agreement in principle as the final position.