Notes drafted by GDL Graduate with Distinction. Also suitable for LLB Law.
4 page notes on Land Law topic of Freehold Covenants.
Includes definition of covenant by Mackenzie, types of freehold covenants, enforcement of freehold covenants, benefits of the covenant between successors and titl...
“a covenant is a promise made by one party (covenantor) for the benefit
of another party (covenantee) which is [usually] contained within a
deed” Mackenzie
Enforceable between original covenantor and original covenantee under contract
law
Dominant land = benefits from the covenant. Owned by the covenantee
Servient land = bears the burden of carrying out the covenant. Owned by
covenantor – landowner who made the promise of the covenant to the original
owner
Types of Freehold Covenants
1. Positive Covenant (to do something)
Obliges the covenantor to do something on his land or to contribute money
towards work or services to be provided for the benefit of his land
Work covenant = ‘put up a fence’
Money covenant = ‘contribute towards construction or maintenance of a private
road’
2. Restrictive Covenant (to not do something)
Restrains the covenantor from the uninhibited use of his property in some respect
e.g. a covenant which prevents the covenantor from using his land for the purpose
of conducting a trade or business
Enforcement
COMMON LAW: ORIGINAL PARTIES
o Burden does not pass: Austerberry v Corporation of Oldham
o Benefit can pass: Smith & Snipes Hall Farm Ltd v River Douglas
Catchment Board
Privity of contract – enforceable between original parties
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 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 Handoeslaw. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £3.49. You're not tied to anything after your purchase.
