Freehold Covenants - Statutes

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  • Created by: Edward
  • Created on: 01-03-16 09:37
Law Com No 327 (2011)
Odd in that the landowner who gives a restrictive covenant may be liable upon it forever, which is clearly inapprop since without possession of the land he/she can no longer comply with it
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LPA 1925, s 136
Permits the benefit of a covenant to be expressly assigned in writing to some other person
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LPA 1925, s 56(1)
Allows enforcement by persons other than an a named party to the deed (persons must be identifiable at the time (Re Ecclestical Commissioners (1936))
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Contracts (Rights of 3rd Parties) Act 1999, s 1
Permits someone other than the direct covenantee to enforce the covt, applies where the covt identifies the 3rd party either by name or as a member of a class (e.g. succ in title)
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Law Com No 327 (2011)
One of the major defects in the current law relating to covts is the sheer complexity of the multi-layered rules on the runnin of the burden and the benefit of neg and pos covts
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LPA 1925, s 79
In absence of a contrary intention expressed in the conveyance, a covt is deemed to run with the land
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Law Com No 327 (2011)
There is no public record of the benefitted land, because while the burden can be protected on the register of title, there is no legal mechanism for the regn of the benefit
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LPA 1925, s 78
A covt relating to any land of the covenantee shall be deemed to be made with the covenantee, and his successors in title and the persons deriving title under him or them, and shall have effect as if such successors and other persons were expressed
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Law Com No 327 (2011)
Recommended that neg and pos covts form a new interest in land – a land obligation
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LPA 1925, s 84(1)
A neg covt may be discharged or modified on application by any interested freeholder to the Upper Tribunal
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Other cards in this set

Card 2

Front

Permits the benefit of a covenant to be expressly assigned in writing to some other person

Back

LPA 1925, s 136

Card 3

Front

Allows enforcement by persons other than an a named party to the deed (persons must be identifiable at the time (Re Ecclestical Commissioners (1936))

Back

Preview of the back of card 3

Card 4

Front

Permits someone other than the direct covenantee to enforce the covt, applies where the covt identifies the 3rd party either by name or as a member of a class (e.g. succ in title)

Back

Preview of the back of card 4

Card 5

Front

One of the major defects in the current law relating to covts is the sheer complexity of the multi-layered rules on the runnin of the burden and the benefit of neg and pos covts

Back

Preview of the back of card 5
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