25/06/2026
QUESTION NO. 70
What does the concept of a real covenant entail under Malawian law?
Answer:
Under Malawian property law, a real covenant is a covenant relating to land which binds not only the original parties to the agreement but also their successors in title.
The concept is recognised under the Registered Land Act.
Under Section 65, registration of land confers upon the proprietor absolute ownership together with all rights and privileges appurtenant thereto, subject to encumbrances noted on the register.
Further, Sections 68 and 69 provide that registered land may be subject to encumbrances such as restrictive covenants, and once such interests are properly registered, they bind subsequent proprietors of the land.
A real covenant therefore entails:
A promise or obligation relating to the use, development, or enjoyment of land;
A covenant that “touches and concerns” the land itself;
An obligation or restriction capable of binding successors in title when properly registered.
In essence, a real covenant runs with the land rather than remaining merely a personal obligation between the original contracting parties.
Scenario...
Suppose Mr. Banda sells a residential plot in Area 43, Lilongwe, to Ms. Phiri. In the sale agreement and on the land register, a covenant is entered stating that:
“No commercial or industrial activities shall be conducted on the property, and only a single residential dwelling may be erected on the land.”
Later, Ms. Phiri sells the property to Mr. Tembo. Even though Mr. Tembo was not an original party to the agreement between Mr. Banda and Ms. Phiri, he is still bound by the covenant because it was registered against the title and relates directly to the use and enjoyment of the land.
If Mr. Tembo attempts to construct shops or operate a warehouse on the property, neighbouring landowners or interested parties may seek legal remedies, including an injunction to restrain the breach.
In summary
The rationale behind real covenants is to preserve the character, value, and orderly use of land over time. Unlike ordinary contractual promises, which bind only the original parties, real covenants attach to the land itself. Therefore, anyone who later acquires the land takes it subject to the covenant, provided it was properly created and registered.
This principle is particularly important in:
residential estates,
subdivisions,
commercial parks,
and planned developments,
where uniform land use restrictions are necessary to protect the interests of all landowners within the area.
Accordingly, the essence of a real covenant under Malawian law is continuity: the rights and obligations endure beyond changes in ownership because they are connected to the land itself.
