BPP University College Of Professional Studies Limited (BPP)
Land Law
Summary
Summary Equitable rules - burden and benefits, covenants.
11 views 0 purchase
Course
Land Law
Institution
BPP University College Of Professional Studies Limited (BPP)
Two page chart showing the equitable rules when passing covenants. Shows burden and benefits, includes the rule in Tulk v Moxhay (1848). Includes all the relevant cases and their key points.
Designed to be used for revision and for use during open book exams - info set out to be quickly and eas...
BPP University College Of Professional Studies Limited (BPP)
Unknown
Land Law
All documents for this subject (14)
Seller
Follow
maddi2921
Content preview
EQUITABLE RULES
GENERAL RULE: BURDEN DOES NOT PASS TO COVENTOR
So cannot be enforced against new owners of servient land
Equity has developed rules THAT ALLOW THE BURDEN TO PASS TO NEW OWNERS.
BURDEN: RULE IN TULK V MOXHAY (1848)
1. Covenant must be restrictive. Rhone v Stephens 1994
▪ [if positive – common law rules apply]
2. Must accommodate dominant tenant
a) Coventee and Coventor must hold interest in land at the time of creation and
enforcement. LCC v Mr Allen – LCC had retained no land capable of being
benefitted when it sold the land to Mr Allen.
b) Covenant must touch and enforce the land (basically it must direct beneficial
impact on the dominant land - same as easements)
c) Dominant and servient land must be in proximity. (don’t need to be touching, just
close)
3. Must be an intention for burden of covenant to run
▪ EXPRESSLY – written in such a way that its obviously meant to bind successors.
▪ IMPLIEDLY LPA 1925 S 79 ‘Covenant relating to land shall be deemed to be
made by the covenantor on behalf of his successors in title, unless a contrary
intention in expressed.
4. Must be notice of the covenant.
Depends on whether it has been properly protected by registration
▪ REGISTERED LAND; Notice on charges register of servient title (LRA 2002 s 32)
▪ UNREGISTERED LAND: CLASS D(III) LAND CHARGE
If not done – volunteer (gift recipient) WILL be bound. Equity’s darling will not.
BENEFIT
Two elements
1. The covenant must TOUCH AND CONCERN DOMINANT LAND basically it must direct
beneficial impact on the dominant land - same as easements)
2. Benefit must pass by one of the methods in RENALS V COWLISHAW 1878
RENALS V COWLISHAW
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 $5.31. You're not tied to anything after your purchase.
