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Reform of Freehold Covenants Essay Plan
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Fixtures / Chattels
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The 1925 Property Legislation
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Question 7Sutherland was registered proprietor of a large house and garden. The house had a driveway at the
front (‘the driveway’) and a large garden at the back.
Three years ago, Sutherland converted the house into two, self-contained dwellings. He named them
North House and South House. Sutherland retained North House, the driveway, and the northern half
of the back garden. He sold South House, and the southern half of the back garden, to Tennyson. The
deed of transfer, which was signed by Sutherland and Tennyson, contains the following covenants:
‘Tennyson covenants on behalf of himself and the future owners of South House:
1. (1) not to construct any buildings in the garden of South House; and
2. (2) to contribute half of any costs incurred by the owner of North House in maintaining the
driveway.’
The deed of transfer also confers on Tennyson the right to park a car on the driveway, and contains a
clear description of North House, its garden, and the driveway. Tennyson was registered as proprietor
of South House and its garden. Sutherland entered notices of the burden of the covenants on the
Charges Register.
Two years ago, Sutherland sold North House, its garden and the driveway to Ursula, who was duly
registered as proprietor.
Last year, Tennyson sold South House and its garden to Victoria, who was registered as its proprietor.
Victoria has parked her car on the driveway since she purchased South House, and continues to do so.
Last week, Victoria started building a summerhouse in the garden of South House; and she is refusing
to contribute to costs recently incurred by Ursula in maintaining the driveway.
Advise the parties:
1. (i) whether Victoria is subject to the burden of covenant (1) in equity;
2. (ii) whether Ursula has acquired the benefit of covenant (1) in equity;
3. (iii) whether Victoria is subject to the burden of covenant (2) at common law;
4. (iv) whether Ursula has acquired the benefit of covenant (2) at common law; and
5. (v) what remedies are available to Ursula.
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