Under the protocol, how should covenants be treated?

• A. They should be onerous
• B. They should be avoided
• C. They should not be unduly onerous
• D. They should always be included

Answer: (C)

Under the protocol, covenants should be not unduly onerous. The idea is that any restriction or obligation affecting land must be reasonable and proportionate to a legitimate aim, so the title remains fair and marketable for future buyers. This balances protecting interests (like neighbouring property or property standards) with the owner's freedom to use the land. Covenants aren’t meant to be automatically burdensome, nor to be avoided entirely, nor to be included in every deal; they should be crafted so the burden on the owner is not excessive.