IrelandMy property has a restrictive covenant. Can I remove it?
Yes, you may apply to the Circuit Court to remove or modify a restrictive covenant under the Land and Conveyancing Law Reform Act 2009, but only if it is obsolete, contrary to public interest, or no longer serves its original purpose.
What the Law Says
The Land and Conveyancing Law Reform Act 2009 sets out the legal process for removing or modifying restrictive covenants affecting land in Ireland.
A restrictive covenant is a private agreement limiting how land can be used — for example, banning commercial activity or requiring uniform building materials. These bind future owners if properly created and registered.
Under section 35 of the Land and Conveyancing Law Reform Act 2009, a person with an interest in land affected by a restrictive covenant may apply to the Circuit Court for an order to discharge or modify it.
The court may grant the order only if satisfied that the covenant has become obsolete, that its continued existence impedes reasonable user of the land without securing practical benefits to others, or that its modification or removal would not harm persons entitled to its benefit.
Statutory TextA person having an interest in land which is subject to a restrictive covenant may apply to the Circuit Court for an order discharging or modifying the covenant.
— Land and Conveyancing Law Reform Act 2009, s. 35 — Discharge or modification of restrictive covenants
Statutory TextThe Court shall not make an order under this section unless it is satisfied— (a) that the restriction has become obsolete, or (b) that the continued existence of the restriction, in the absence of some modification, would impede the reasonable user of the land for public or private purposes without securing any practical benefit to other persons, or (c) that the persons entitled to the benefit of the restriction have agreed, or are deemed to have agreed, to its discharge or modification.
— Land and Conveyancing Law Reform Act 2009, s. 35 — Discharge or modification of restrictive covenants
What to Do
Confirm the covenant is registered on the folio of your property in the Land Registry (or recorded in Registry of Deeds if unregistered).
Gather evidence showing why the covenant is obsolete or unreasonable — e.g., changed neighbourhood use, lack of beneficiaries, or planning permission granted contrary to the restriction.
Engage a solicitor to draft and file a written application to the Circuit Court under s. 35 of the 2009 Act.
Serve notice on all persons known to benefit from the covenant (e.g., neighbouring landowners named in the deed or on the folio).
Attend the hearing; the court will decide whether to discharge or modify the covenant based on statutory criteria.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.