Summary
Freehold Covenants Overview Summary (Basic intro)
- Course
- Institution
A basic introduction to freehold covenants. Explanation of key terms and Statute. Available with covenant bundle.
[Show more]
Seller
Follow
maddi2921
Content preview
FREEHOLD COVENANTS OVERVIEW▪ Covenant is a promise that is usually contained in a deed (although deed isn’t always
essential)
▪ Usually arise when one person sells part of their land and want to ensure that the
buyer doesn’t do anything on the new land that effects their amenity pr value of the
retained land.
▪ They are a means of PRIVATE CONTROL OF LAND USE.
FORMALITIES
▪ Must be in writing COVENTEE: receives benefit of
▪ Signed by grantor promise (can sue)
▪ (LPA 1925 s 53(1)(a)) COVENTOR: makes the promise
(can be sued)
CAN BE POSITIVE OR NEGATIVE
▪ POSITIVE: maintain boundary fence
▪ NEGATIVE: not keep chickens.
LEGAL ISSUE
▪ Original parties are bound by contractual rules.
▪ Problem arises when the land is sold
▪ There are two sets of rules for passing the BENEFIT and BURDEN of covenant.
▪ Common law rules
▪ Equitable rules
▪ These must not be mixed.
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 maddi2921. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.91. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now