Navigating Restrictive Covenants- A Brief Insight
- 6-12-2025
Restrictive covenants are powerful legal instruments embedded in Jamaican property law that dictate how landowners may—or may not—use their properties. These covenants preserve neighborhood character, protect property values, and maintain development standards. Ignoring them can lead to costly litigation, forced demolition, or *unsellable properties. .
1. Understanding Restrictive Covenants: Purpose and Legal Basis
Restrictive covenants are binding conditions registered on a property’s Certificate of Title, restricting specific uses or developments. Commonly, they:
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a.Limit construction to single-family dwellings.
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b.Mandate minimum building setbacks from boundaries.
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c.Prohibit commercial activities in residential zones.
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d.Preserve architectural aesthetics.
These covenants "run with the land," binding all future owners. Originating from colonial-era subdivision practices, they ensure cohesive community development . For example, a covenant may forbid building within 15 feet of a road—a rule ignored at the owner’s peril.
2. The High Stakes of Non-Compliance: Legal and Financial Risks
Violating restrictive covenants invites severe consequences:
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Demolition Orders: Jamaican courts have ordered developers to demolish structures breaching covenants, even completed buildings.
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Invalidated Permits: Municipal approvals (e.g., from NEPA or KSAMC) do not override covenants.
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Transaction Delays: Banks and buyers routinely reject properties with covenant breaches. Mortgage lenders require compliance verification before financing .
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Costly Remedies: Homeowners may need "as-built" plans, court applications, or engineering reports—costing time and thousands of USD .
Need legal advice?, contact the team at McFarlane and Partners today, 876-388-0935 and mcfarlaneandassociates@gmail.com
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