Cap Estate Restrictive Covenants Explained
One of the features that has helped shape Cap Estate into the low-density residential community it is today is the existence of restrictive covenants attached to many properties within the development.
These covenants were established as Cap Estate was subdivided and developed for residential use and place restrictions and obligations on how affected properties can be developed, maintained and used.
For existing residents, prospective property owners and anyone considering building or renovating in Cap Estate, understanding these covenants is important.
Property owners should always check the covenants contained within their own title documents, as the legal position may vary between individual properties.
What is a restrictive covenant?
A restrictive covenant is a legal obligation attached to land that restricts certain activities or types of development on that property.
The Cap Estate covenant document states that the restrictions were imposed for the benefit of the remainder of Cap Estate and the wider development. It also contains provisions intended to carry these obligations forward when a property is subsequently conveyed or transferred.
Importantly, restrictive covenants and planning regulations are not the same thing. Receiving planning approval from the Development Control Authority (DCA) does not necessarily mean that a proposed development complies with restrictive covenants affecting the property.
Property owners should therefore consider both planning requirements and any restrictive covenants contained within their title documents before proceeding with development.
One dwelling house
One of the most significant provisions is Clause 2, which states:
“Not more than one dwelling house and other usual outbuildings shall be constructed on The Property.”
The clause also places restrictions on huts, sheds, caravans and temporary buildings or structures, subject to certain provisions relating to construction.
This provision has historically been important to the low-density, predominantly single-family residential character associated with much of Cap Estate.
Building plans, alterations and setbacks
The covenants extend beyond simply controlling the number of dwelling houses.
Clause 3 requires plans, elevations, specifications and siting to be submitted for written approval before the construction of buildings and other structures. This also extends to alterations and additions, fencing, septic tanks and drainage systems.
Importantly, the covenant states that setbacks from adjoining parcels of land should not be less than 20 feet. It also contains requirements relating to the approval of fences and hedges.
Anyone considering a new house, extension or other significant alteration should therefore establish the restrictions affecting their individual property before commencing work.
Residential use
Clause 5 provides that buildings on the property should not be used for any purpose other than as a private dwelling house with its garage and outbuildings.
It also restricts trade, manufacturing or business activities, except for professions that may have received the required approval, and prohibits activities that may become a nuisance, injury, annoyance or disturbance to the neighbourhood.
Together with the restriction on the number of dwellings, this provision has played an important role in establishing the residential character of Cap Estate.
What about apartments and multi-family developments?
This has become an increasingly important issue within Cap Estate.
Where a property is subject to a covenant stating that not more than one dwelling house may be constructed on it, proposals for apartments, condominiums or other multi-unit developments can raise questions about compliance with that covenant.
There are existing multi-family developments within the wider Cap Estate area, including developments with different historical and legal circumstances. Their existence should not automatically be taken to mean that similar development is permitted on another property.
The legal position should always be established by examining the title and covenants applicable to the particular parcel concerned.
Other protections within the covenants
The Cap Estate covenants cover considerably more than buildings and residential use.
They include provisions concerning:
maintenance and repair of properties;
animals and livestock;
laundry lines;
excavation and removal of topsoil;
storage and disposal of refuse;
advertising and signs;
removal of mature trees;
overhead electricity, television and telephone cables;
wells; and
storm-water drainage.
For example, the covenants state that mature trees should not be cut down without the required written approval and that property should not be graded in a manner that directs storm water onto adjoining land.
These provisions demonstrate that the covenants were intended not only to control development density, but also to protect neighbouring properties, amenities and the wider character of Cap Estate.
Do the covenants apply to every property in Cap Estate?
Not necessarily.
Cap Estate has developed over many decades and the legal position can vary between individual parcels of land. Different properties may have different title documents, covenants or other legal considerations.
Owners should therefore never assume that a covenant does or does not apply to their property simply because of what has been permitted elsewhere in Cap Estate.
The definitive starting point is the registered documentation relating to the individual property.
What is the role of the DCA?
The Development Control Authority (DCA) is responsible for considering planning and development applications in Saint Lucia.
However, planning approval and compliance with private restrictive covenants are separate matters.
CEA has previously discussed covenant enforcement with the DCA. The Association was advised that the DCA considers building and change-of-use applications on a case-by-case basis and that enforcement of private restrictive covenants is not itself the DCA's responsibility.
This distinction is particularly important for property owners:
DCA approval should not automatically be interpreted as confirmation that a proposal complies with restrictive covenants affecting the property.
What is CEA's position?
The Cap Estate Association supports responsible and sustainable development within Cap Estate while seeking to protect the qualities that make the community distinctive.
CEA has consistently raised objections where proposed development appears to conflict with restrictive covenants and has engaged with the DCA and other stakeholders regarding planning and development within the area.
The Association has also established a Covenants Enforcement Subcommittee and obtained independent legal advice to assist its work in this area.
The objective is not to prevent development, but to help ensure that development respects the legal restrictions affecting individual properties and the established residential character of Cap Estate.
Why do the covenants matter?
Restrictive covenants can sometimes appear to be little more than historic wording contained within old property documents. In practice, however, they can have an important purpose.
The Cap Estate covenants address matters ranging from the number and use of buildings to setbacks, maintenance, trees, drainage and activities that could cause a nuisance to neighbouring properties.
Collectively, these provisions have helped influence the density, appearance and predominantly residential nature of Cap Estate.
As development pressure increases across northern Saint Lucia, understanding these protections becomes increasingly important.
Planning to build, renovate or purchase in Cap Estate?
Anyone purchasing land, developing a property or considering a significant alteration within Cap Estate should establish at an early stage:
Which restrictive covenants apply to the property.
Whether the proposed development complies with those covenants.
What planning permissions or approvals are required from the DCA and other authorities.
Whether any additional approvals or consents may be required under the property's title documents.
Prospective purchasers should ask their attorney to review the property's title and applicable restrictive covenants as part of their legal due diligence.
Protecting the character of Cap Estate
Cap Estate has evolved considerably over its long history and will continue to develop.
CEA believes that development and investment can take place while still protecting the low-density residential character, environment and quality of life that make Cap Estate such a distinctive place to live.
Understanding and respecting the restrictive covenants applicable to individual properties is an important part of achieving that balance.
Please note: This information is provided by the Cap Estate Association for general guidance only and should not be regarded as legal advice. Restrictive covenants are legal obligations and their application can depend upon the individual property and its title. Property owners, purchasers and developers should obtain independent legal advice regarding their particular circumstances.
