Literature Quiz / Land Law - Freehold Covenants

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Can you name the Land Law cases for Freehold Covenants?

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Use of houses on an estate for supervising mental patients breached a covenant not to use the house for anything other than the enjoyment of a private dwelling
Covenants will only be enforceable if the terms have a definable meaning - 'Working Classes'
The burden of a Restrictive Covenant may pass in Equity if the purchaser has Notice & subject to 4 Requirements
Putting your hand in your pocket and having to spend money to comply with the obligations = a positive covenant
If the covenant is severable into two, you can enforce the negative part
You may look at the whole covenant and decide whether it is more generally positive or negative in substance
Covenantee must have retained land benefited by the covenant
Covenant must touch and concern the Land
Words in the covenant to the contrary can rebut S79 LPA (an implied intention to bind successors)
The Benefit of a Restrictive Covenant passes in Equity when it Touches & Concerns the Land & there is Annexation, Assignment, or a Scheme of Development
Annexation occurs when the benefit of the covenant is permanently attached to the whole land, or reasonably in substance
‘with the intent… that the covenants might inure to the benefit of the vendors, their heirs and assigns, and others claiming under them to adjoining premises’
‘for the benefit of the vendors, and their heirs and assigns’ - Failed to bind purchasers
Annexation may be implied from the deed as construed in the light of surrounding circumstances
The benefit of a covenant relating to land automatically passes under s78 (1) LPA 1925
s78 (1) LPA 1925 can be excluded - If expressly written in the covenant
The dominant land with the benefit of the Covenant must be identifiable by the covenant or conveyance, expressly or by necessary implication
Scheme of Developments require an Intention to impose mutually enforceable obligations & the areas affected should be clearly defined
The court has a wide discretion to grant injunctions (or damages)...
...or Nominal Damages to compensate the breach
...or a Mandatory injunction to reverse an act breaching a covenant
The benefit of covenant may also pass in common law subject to 4 conditions
Successors in title must hold legal estate - this includes leasehold tenants
The burden of a covenant can not pass at common law
HL: 'To enforce a positive covenant would be to enforce a personal obligation against a person who has not covenanted...'
Exception - When a purchaser chooses to take the benefit of a covenant, he will be required to comply with the burden (road & sewer maintenance)
This exception requires that the Benefit & Burden were conferred in the same transaction & there is a correlation between them (Reciprocal to the imposition of the burden)
The conditional burden in this case may be implied into a deed

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Created May 10, 2014ReportFavoriteNominate
Tags:case, covenant, land, law, topic

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