5 funny restrictive covenants - from the ha-ha to the peculiar
While restrictive covenants upheld certain standards in the past, they can be a royal pain in the posterior for homeowners today. But there is one good thing about them - they provide a good laugh for us. So we've pulled together 5 funny restrictive covenants for you to have a chuckle at.
A man’s home is his castle. Or so they say. But what if the master of the realm isn’t allowed crocodiles in his moat? That’s when restrictive covenants, those annoying conditions that determine what a homeowner can and cannot do with their property, can really bite.
Restrictive covenants are technically there to uphold certain standards, protect neighbours, and make streets look uniform. But what pleased property developers or landowners at the time can become a right royal pain in the posterior for homeowners later on. Some sellers, for example, include restrictive covenants to retain some form of control or influence in the future. Meanwhile, other restrictive covenants soon become obsolete - relics of previous eras when days were old, knights were bold and indemnity insurance wasn’t invented.
There is one good thing about restrictive covenants, though: they might pose problems for homeowners but the more bizarre ones provide endless amusement for everyone else. So, without further ado, let's look at five funny restrictive covenants that demonstrate just how insane the world of property can be sometimes...
1. No riff-raff, please
Ok, so there’s no restrictive covenant that specifically mentions ‘riff-raff’. However, excluding socially undesirable people is very much the intention behind many strange clauses written into a property’s deeds. For example, some restrictive covenants state that all dwellings on a plot must be detached houses - no undesirable terraced types, please - while others stipulate that the cost of new homes must exceed a certain price. One restrictive covenant predating the Second World War specifically mentions a figure of £1,000.
Of course, a thousand pounds would’ve been an eye-watering figure for commoners a hundred years ago. But these days you can’t buy a barn in Barnsley for a hundred times that amount. Lord Bertie Brockett, or whoever wrote this ageing restrictive covenant, would not be amused. But we certainly are.
2. Properties must look the part
Some restrictive covenants are fair: if the historic owners of a large historic building don’t want it turned into flats at a later date then that’s their business. And who would argue against a requirement that all properties in a road should have similar windows, bricks, and roof tiles? It’s these kind of things that make a neighbourhood look like a cohesive, well, neighbourhood.
However, some restrictive covenants go too far and only benefit certain individuals. Restrictions on installing satellite dishes and CCTV cameras, for example, are usually written by builders who want a development to look its best while they’re flogging the remaining lots. And what about covenants that ban parking caravans or boats in your front drive? Unless you’re going to park a warship, or let a troop of travellers set up camp for weeks, it’s hard to see the harm.
The harshest restrictive covenants of this type, however, are those that ban trade vehicles from parking outside properties. Nobody wants a dumper truck to create an awful eyesore, of course, but what if it’s just a van? What some people have against sparkies or ‘dunny divers’ (the Aussie slang for plumber) we can only guess.
3. Don’t pig out on animals
Supermarkets have changed our lives. Fancy an omelette? Pick up some eggs. Want some bacon on the side? It all comes pre-packed. However, the world was very different when many restrictive covenants were written. If you wanted a hearty breakfast then you’d need to rely on your own livestock - if you were actually allowed some.
Restrictive covenants that ban animals survive in deeds to this day. Common ones include limits on chickens, in case they escape and leave a trail of unsightly feathers, and cockerels, which are nature’s most annoying alarm clocks. You’ll also find bans on pigeons, pigs, and bees, too.
However, where it gets really technical, not to mention amusing, is when restrictive covenants dictate what breeds are permitted. If you’re partial to sheep, for example, you might find that black-faced ewes are banned. And don’t go thinking that homeowners can sidestep restrictions by claiming that their livestock are pets. Many restrictive covenants craftily limit the number of pets allowed as well.
4. Find somewhere else to work
Not content with blocking tradies from parking in their own drive, some restrictive covenants also prevent people from working at home - thus leaving them up a certain creek without a certain paddle during the pandemic.
However, harsh as it sounds, there is some method to this madness: neighbours might (understandably) object to customers coming and going from a place of business. They might also object to the extra traffic that a business based in a residential street might generate.
There’s also the small matter of business signs popping up left right and centre, which is why some restrictive covenants stipulate the type of signs allowed. For example, self-promotion is sometimes limited to a small brass plate no bigger than two square feet. Well, would you want a motorway-style billboard suddenly appearing in your street?
5. Be on your best behaviour
‘Morality’ restrictive covenants, which are designed to keep local residents well-behaved, are another source of bemusement and amusement. Whereas some make perfect sense - excessive noise is obviously a no-no - others just seem bizarre. For example, many homeowners are banned from selling wine, beer and malt liquor even though the local council would never grant them a licence anyway.
Other restrictive covenants highlight the puritanical attitudes of old. Some homeowners are banned from drying their washing outside, especially if, as is the case in an Edwardian property in Brighton, this includes hanging out underwear in “a lewd and lascivious manner”? Oo-er.
However, not all morality restrictive covenants are a laughing matter. In fact, some can hit you where it hurts most: in the wallet. Ancient ‘chancel repair liability’ covenants, for example, require local residents to pay for the upkeep of churches built before 1536. And we’re not always talking peanuts here. One couple in Shropshire were presented with a bill for £37,000 and were forced to sell up. Now that doesn’t seem particularly Christian, does it?
Restrictive covenants - know your stuff
Although restrictive covenants provide some mirth and merriment, they’re a serious business for those buying property. The consequences for breaching them can be severe: homeowners who build extensions illicitly might have to knock them down (even if they have planning permission from the council). The party that created the restrictive covenant might also ask for compensation, which could cost thousands. It’s a good thing, therefore, that buyers can usually purchase indemnity insurance to protect themselves from old or whacky protocols.
The important thing for estate agents to remember, of course, is to provide customers with all the relevant information at the start. Doing so is actually a legal requirement under consumer protection regulations. Meanwhile, buyers should always hire a competent and thorough conveyancer in case the searches throw up something unusual or unexpected - restrictive covenants are often hidden away in the deeds. Most buyers won’t mind drying their racy, lacy lingerie indoors. But lewd and lascivious types might differ.