Working from Home and Restrictive Covenants: An Analysis.

Poulsom, Michael ORCID: https://orcid.org/0000-0001-9699-6604 (2021) Working from Home and Restrictive Covenants: An Analysis. Conveyancer and Property Lawyer (1). pp. 71-83. ISSN 0010-8200

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Abstract

The use of residential property for business purposes has increased significantly. Covenants apparently prohibiting such use are imposed routinely and remain enforceable in relation to large numbers of residential properties. Interpretation of such covenants is inconsistent and inexact, and depends on poorly defined factors. The precise relationship between those factors is also unclear. It is argued that construction of covenants with greater emphasis on the public interest might be advantageous.