• Created by: AretiPro
  • Created on: 01-05-18 17:12
form of promise
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types of covenants
restrictive (negative), positive
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need to identify the benefit or burden
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enforcement issues
original covenantee can always enforce the covenant against the ORIGINAL covenantor as a matter of contract
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successors in title
legal assignment of the benefit section 136 LPA 1925 - assignment in writing, written notice given to original covenantor, this will not be done in each situation = rely on equity, benefit is assigned to the NEXT PERSON who BUYS LAND in EQUITY
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common law v equity
common law = right, equity = more flexible
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common law - benefit
BOTH restrictive & positive can run if the covenant touches and concerns the land of the original covenantee P&A Swift Investments, at the time the covenant was made it was intended to benefit the covenantees land section 78 LPA 1925
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common law - benefit
at the time the covenant was made the covenantee held a legal estate in the BENEFITED land, the claim must DERIVE their title from of user the ORIGINAL covenantee but does NOT need to hold the same legal estate as the original covenantee - Smith 1949
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common law - the burden
burden DOES NOT run at common law - Austerberry, Rhone, effect; covenant can be enforced at common law only where a remedy is sought against the ORIGINAL covenantor, claimant must consider rules in equity
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rule in equity
he seeks to enforce the covenant against a successor in title to the original covenantor or he requires an equitable remedy - injunction
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equity - the burden
Tulk v Moxhay - covenant is NEGATIVE, at the date of the covenant the covenantee must have owned benefited land - Allen, the covenant 'touches and concerns the land of the covenantee and sufficiently proximate
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equity - the burden continued
parties must have intended the burden to run section 79 LPA 1925, rules for registration or notice are satisfied
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equity - the benefit
benefit runs to allow claimant to obtain remedy - covenant touched and concerns the land and the benefit was annexed to the land of covenantee or express assignment or building schemes
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statutory annexation
section 78 LPA 1925 - covenant relating to any land shall be deemed to be made with the covenantee + successors in title + persons deriving title - shall have effects as if successors and other person were expressed - Federated Homes
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statutory annexation continued
condition precedent of section 78 is satisfied Roake
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positive covenants
indirect methods of ensuring it can be enforced the OWNER of the BURDENED land - mutual benefit & burden - Halsall, a chain of indemnity covenants
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discharge/modification of covenants
burdened & benefited land in the same ownership - section 84 LPA 1925 - obsolete due to changes in the character of property, impedes a reasonable user + provides no practical benefit to any person or against public policy, agree/implied discharge
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effect of discharge
causes no loss to the person entitled to the benefit
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types of covenants


restrictive (negative), positive

Card 3




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Card 4


enforcement issues


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Card 5


successors in title


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