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:
Tulk v Moxhay (1848)
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]

Training & Free Webinars for Property Professionals:

Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking. 

This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.