Breach of covenant

A covenant is a legal promise that is often granted to leasehold or freehold properties. A breach of covenant takes place when any of the conditions of this legal promise is broken. Examples of this include the failure to purchase insurance or a breach of quiet enjoyment.

A breach of covenant can delay the conveyancing procedure and the solicitors of the purchaser and the seller will have to investigate it before contracts can be exchanged. However, if a covenant has been breached for a period of 20 years, a conveyancing solicitor may consider it ‘acquiesced’. This means the breach will be unenforceable for the new owner of the property.