Covenants, & Commonhold: Your Property Law Questions Answered
In this episode, hosts Richard and Lizzie answer some of our audiences’ questions from our webinar on Restrictive Covenants, Positive Covenants and Commonhold. Richard covers restrictive and positive covenants enforcement, disputes, and the future of commonhold.
Drawing on scenarios faced by developers, surveyors, and other property professionals, we explore what actually happens when covenants are breached, how enforceability works in practice, and where the law still leaves uncertainty.
We also look ahead to commonhold reform and what it could mean for ownership structures, service charges, and long-term development strategy.
A must-listen for anyone working in commercial property, planning, or real estate development.
Relevant cases:
Austerberry v Corporation of Oldham (1885)
Kelly v Barrett [1924]
Wall v Collins [2007]
Crest Nicholson Regeneration Ltd v Calvert [2026]
Cosmichome Ltd v Southampton City Council [2013]
Gafford v Graham and another [1999]
Birdlip v Hunter [2016]
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