Enforcement Covenants are enforceable between the original parties to a deed as a matter of contract law. The general principle is that others are neither bound by, nor may have the benefit of the contract. The original covenantor will remain liable on the obligation, even after he sells the land, in the absence of statutory principles that discharge him. He […]
Freehold Overview Covenants are obligations comprised in a document that 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 bind the successors to the original parties. However, in the context of property law, certain types of covenants […]
Freehold Overview Covenants are obligations comprised in a document that 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. However, in the context of property law, certain […]
Reciprocal Covenants Reciprocal covenants may be enforceable, notwithstanding that they are positive in nature. Where a number of persons undertake the same obligation, the element of mutuality may be sufficient to justify and require that the obligation should run for the benefit of successors. This applies, for example, where two or more owners covenant to contribute a proportion of the […]
Land Registry Discharge Prior to the 2009 Act, there existed only a limited mechanism for extinguishing restrictive covenants. Under the Registration of Title Act, a covenant might be discharged on foot of an application to court if it could be shown that the covenant and condition did not run with the land. as not capable of being enforced against the […]