Putting washing out to dry is one of the most ordinary jobs around the home, but homeowners could find themselves falling foul of a little-known property rule. A solicitor has warned that certain properties can have restrictions on where, and in some cases whether, residents are allowed to hang out their washing.
What Are Restrictive Covenants?
The advice comes from Ison Harrison Solicitors, which lists hanging out washing among a number of property-related rules people may not realise apply to their homes. The firm specifically tells homeowners to check restrictive covenants, particularly if they live in a leasehold, new-build or relatively new property.
A restrictive covenant is a legally binding promise contained in a property's title or deeds that can prevent an owner from carrying out certain activities on their land. HM Land Registry explains that such covenants can restrict what an owner is allowed to do with their property, and they can continue to apply when the property changes hands.
No General Rule
That means there is no general rule across England and Wales saying homeowners cannot put washing on a line in their garden. Instead, the position can depend on the individual property's title documents and any restrictions attached to it.
Ison Harrison says certain properties can restrict where, and even whether, washing can be hung outside, with a breach potentially resulting in a penalty. The warning is particularly relevant to people who have bought recently built homes, where developers may have placed restrictions on how properties and their gardens can be used.
What Should Homeowners Check?
Restrictive covenants - These may contain promises preventing particular uses of a property or land. The title register and deeds - HM Land Registry says the title register can contain details of restrictive covenants, although it may instead refer to another document containing the full terms. Lease terms - Leaseholders should also check their lease, as its terms can impose additional restrictions on how a property is used. The exact wording - A restriction may apply to a particular part of a garden or a specific type of activity, so homeowners should not assume a covenant means all outdoor washing is prohibited.
Homeowners in England and Wales can use the government's property information service to search for their address and see whether the property has restrictive covenants recorded against it. The property summary can show whether covenants exist, while the title register or relevant documents may provide more detail about what they actually restrict.
Consequences of Breach
A covenant does not necessarily mean someone can simply be fined by the council for putting up a washing line. The consequences of breaching a restrictive covenant depend on the wording, who has the benefit of it and the circumstances, so homeowners should seek legal advice if they believe a restriction applies to their property.
For anyone planning to install a permanent washing line or make changes to their garden, checking the property's paperwork first could therefore prevent an unexpected dispute. The key point from the solicitor's advice is that while drying clothes outside is not generally illegal, the documents attached to a particular home may place limits on how it can be done.
