Fri | Aug 17, 2018

Respect your restrictive covenants.

Published:Sunday | May 17, 2015 | 12:00 AMCraig Francis
Craig Francis
One of the several shops opened in the residential community of Greater Portmore.

Good day, readers. I want to thank you for your response to last week's column. It appears many persons could relate. Just this week, I saw an article in The Gleaner speaking to the ills of persons breaching their restrictive covenants and the many problems that is causing in Greater Portmore.

I will say again, please observe your restrictive covenants as it not only affects you, it also affects the community.

Restrictive covenants are usually required in the subdivision of land in a development scheme and tend to create and preserve the character of the neighbourhood.

Restrictive covenants and the recital must be included as part of the transfer if the parties desire the covenants to be noted in the certificate of title.

These covenants must be negative in nature and must be capable of running with the land. This means that they normally restrict you from doing some action or activity on the property. Also, it does not cease or stop with a sale of the property or with a transfer of ownership. It runs with the property until lifted or modified.

The restrictive covenants for a property (community) directly control the use of the land. They protect the integrity of the property and community and are designed to protect, enhance, or maintain a certain state.

What has been happening in communities like Greater Portmore is neglect and disregard for their restrictive covenants, and it will affect the nature and order of the community.

Persons open and operate businesses at their homes, which contravenes the restrictive covenants. This not only affects the value of property negatively, but it brings other social problems that have a negative impact on the community.

Persons build too close to the boundaries and also build over the swales. This affects the community when it rains as the water is unable to flow freely and increases the probability of flooding.

The restrictive covenants should be adhered to, and if you are unaware of what they are, then get a copy of a certificate of title and familiarise yourself with them. They are placed there for a very good reason. Respect and adhere to them.

Keep sending your questions and comments and let's continue to explore A Matter Land. Until next time, traverse well!

- Craig Francis is a commissioned land surveyor and managing director of Precision Surveying Services Ltd. He can be contacted for questions or queries at or his Facebook page Precision Surveying Service.