Class notes
Freehold Covenants: GDL Land Law
- Course
- Institution
Detailed notes relating to freehold covenants. Helped me achieve a distinction (83%) in my final exam.
[Show more]
3 reviews
By: ek199684 • 5 year ago
By: etanghk2000 • 6 year ago
By: szekiho • 7 year ago
Seller
Follow
GDL1
Reviews received
Content preview
Freehold Covenants 2. The covenant must accommodate the dominatenement
• Covenants = equitable interests in land. ‒ Original covenantee and successors in title m
• Positive covenants can never be an interest in land. retained an interest in the land at the time th
• Negative covenants may be an equitable interest in land. was made.
LCC v Allen: LCC did not own any land therefo
Enforcement between original parties while in possession interest in the land.
• Can be enforced by the usual rules of contract law. ‒ Covenant must touch and concern the land. C
personal interests, needs to be for the benefi
Formalities and utility of the land. This is a question of su
form.
S53(1)(a) LPA: must be in writing AND signed by the grantor
Cosmichome v Southampton CC
‒ Servient land and dominant land must be suff
Transferring the BURDEN in EQUITY proximate.
Bailey v Stephens: needs to be reasonably clo
Tulk v Mox hay : other. Need not be adjacent, although usually is.
3. The original parties must have intended for th
1. The covenant must be negative run
- Hand in pocket test: Haywood v Brunswick - Can be expressly stated in the wording of the
- Mixed covenants: - If not express, will be implied under s79 LPA 1
Separate positive and negative (Shepherd Homes v Sandham)
OR
Positive/negative as a whole (Powell Hemsley).
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller GDL1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.51. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53022 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now