Covenants

Post-2009 Act Freehold Covenants

2009 Act Reforms The 2009 land law reforms apply to covenants entered after 1st December 2009. The Act provides new rules for the enforcement of the covenants between owners and successors of both the freehold dominant (benefitted) land and the servient (affected) land.… Read the rest

Enforcability

Enforceability of Restrictive Covenants The Courts of Equity enforce negative covenants on the basis that a person who purchases property with notice of a restrictive covenant which affects it should be obliged to perform and observe it. … Read the rest

Covenants Overview

General Covenants are obligations comprised in a document which is executed as a deed. In the context of land, they subsist as contractual obligations between the original parties to the deed. As a general rule, covenants being contractual obligations do not generally continue to bind the successors to the original parties.… Read the rest

Binding Land

Covenants affecting Land In this context, a covenant refers to a promise in a deed relating to the use and enjoyment of land. Typically, the owner of one property promises (covenants) the owner of another property to do or refrain from doing something. … Read the rest

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