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Land law unit 2 large group: Third-Party Rights over Land and Enforceability in Unregistered Land
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Land law unit 2 large group:Third-Party Rights over Land and Enforceability in Unregistered Land
Introduction to third-party rights
1. Also called “incumbrances” over land.
2. Often (but not exclusively) created on the sale of parts.
Activity 1: 5 Hawthorns Estate
What issues arise on the sale of parts?
The road leads to the house
access to his property
responsibility to upkeep the road cost
The utilities run underground and through other properties
Ben will need to pay towards the maintenance of the road
The residence can only use the property for residential use. 3rd parties will need to
be respected. Land law gives 3rd parties rights on what you can and can't do.
A. What is a covenant?
Covenantor and covenantee
1
, Positive or restrictive
Covenants are promises which are usually contained in a deed.
Deed- the transfer or covenants that Ben and the builders go into to sell the
property.
Covenants are promises which are usually contained in a deed (for our sale of part
example, the deed would be the transfer/conveyance that Ben and the Builders
into, so Ben then owns the property)
covenants/promises relate to future use of the property and what ben can and can't
do with the property.
Similar covenants will be entered into by the other neighbours when they buy their
own plots.
If Ben makes the promise ie. provides the covenant he is described as having the
burden
B. Enforceable between the covenantor and the covenantee.
Ben makes the promise ie. gives the covenant, he has the "burden" of the
covenant and has to do something/not to do something] = COVENANTOR. The"poor"
covenant has the burden.
The builders and the neighbours receive the benefits of Ben's promise. Ben
promised/covenanted to upkeep his boundary fences - the neighbours benefit =
COVENANTEE "happee" covenantee receives the benefit
C. Some covenants are enforceable between successors in title to the
original parties.
le. A new owner has to comply with a promise that an old owner gave
2
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