Why Restrictive Covenants on Land for Conservation Are Important

Restrictive covenants on land are private agreements between landowners where one party restricts the use of their land for the benefit of the other party. But why are they so important for conservation?

There are a number of reasons why a restrictive covenant might be used. They can prohibit certain businesses or trades from taking place on a piece of land, they can restrict the use of the land, or entirely forbid building works and alterations.

Importantly, restrictive covenants can also be used to encourage conservation on pieces of protected land. This means that land which should be left untouched, or undisturbed, can remain exactly that, without the risk of it becoming desecrated by building works.

But, why is a restrictive covenant such an important agreement for conservation, especially in urban environments such as New York? We’ll be answering that very question in the following post. Be sure to read on to find out more!

Why are Restrictive Covenants Important for Limiting Development?

In densely populated areas, such as New York, many residential properties and plots of land contain mentions of restrictive covenants. These covenants will all relate to the property or land in question, but the general themes of these covenants will be to prevent certain changes from being made.

Restrictive covenants are specifically designed to uphold certain standards which can, in turn, foster a sense of conservation. If a piece of land has historical significance, or is an area with notable natural features, restrictive covenants prevent anyone. Even the future owner of the land themselves is prevented from being able to make any changes that would be deemed detrimental.

This is because restrictive covenants continue to have an effect when the land is sold on, and even if they were made many years ago and could otherwise be considered obsolete.

Are Restrictive Covenants Enforceable?

Under normal circumstances, restrictive covenants are always enforceable. This means, anyone found to be in breach of such a covenant would be made to stop any work they’re carrying out and return the land to its original condition.

This is another reason why they have been found to be an effective way of encouraging conservation, especially in urban areas where development is so frequent.

If the current owner of a piece of land wants to make changes that are in breach of the covenant, they will have to seek permission to have it removed. This will involve approaching the party that originally put it in place. 

If that isn’t possible, or the person refuses to provide permission, then it would be necessary to make an application for the covenant to be removed entirely. This can often prove to be a costly and time-consuming process, which is why many people don’t go through the hassle.

Do Restrictive Covenants Also Apply to Properties?

Yes. Restrictive covenants can also be applied to the appearance and structure of both residential and commercial properties. It is now usually the case that a housing developer or property management company will add a restrictive covenant. This prevents owners from carrying out any work which would negatively impact the surrounding neighbourhood and undermine ‘uniformity’.

As you might imagine, buildings with historical or cultural significance often come attached with restrictive covenants so that they cannot be altered in any way. 

What Happens if Someone Chooses to Ignore a Restrictive Covenant?

If someone is fully aware that this is in place, and they choose to ignore its terms, then the consequences could be dramatic!

It will be requested that any work carried out should be stopped, and the original condition of the land or property should be restored. If this request is ignored, then this restoration could be carried out by force.

The party that is found to be guilty of breaching the restrictive covenant will also run the risk of facing a financial penalty. This can often run into thousands of dollars, and subsequent legal action may ensue.

There are very specific exceptions to this. For instance, if someone has made changes that breach a restrictive covenant for over a year and then decide to sell the piece of land or property, they can take out restrictive covenant insurance to protect what they have done.

What Are Conservation Easements, and Do They Differ from Restrictive Covenants?

Conservation easements are very similar to restrictive covenants. Conservation easements are voluntary, legal agreements which permanently limit the use of land. Sound familiar?

The main difference between a restrictive covenant and conservation easements are that the latter’s primary aim is to protect a piece of land’s conservation values. 

Conservation easements, which are a feature of US legislation, are held between landowners and a government agency or land trust, with the landowner maintaining ownership. The easement is recorded in the property’s deed and is transferred to all future landowners.

The aims of each conservation easement are tailored to the specific characteristics of the area of land, and are usually designed to meet a number of different conservation objectives. In New York State, there are various conservation easements currently in place which cover restrictions on everything ranging rom protecting endangered species to conserving a scenic area.

Do You Need Any More Advice About Restrictive Covenants?

In this post, we’ve covered everything you might need to know about restrictive covenants and why they’re important for conservation. 

Have you got any more general questions about restrictive covenants and how they might apply in New York? Feel free to leave a comment below so we can keep the discussion going!