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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10538
Experience:  Barrister 17 years experience
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There please do you know the case law which states that

Customer Question

Hi there
please do you know the case law which states that restrictive covenants are not to be enforced if more than 20 years
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. You are obviously referring to the rule in Hepworth v. Pickles [1900] 1 Ch. 108 which provides that if a breach of a restrictive covenant has been ongoing for 20 years or more, then the covenant cannot be enforced against that particular breach. It does not mean that the covenant does not exist as it can still be used against other breaches. However, once a breach has been openly and uninterruptedly in existence for 20 years or more the covenant is considered to be waived or released in respect of that breach. So the person having the benefit of the covenant cannot enforce it against the person who has breached it.